The Studies For The Predicaments Of Chinese Administrative Litigation System

The jurisdiction of administrative litigation system is the people’s court’s division of labor when first accepted administrative cases, As a significant administrative litigation procedure, It plays an important role on the fair trial of the administrative litigation cases. Since the Implementation of China’s "Administrative Procedure Law" of two decades, It plays an important role in the protection of the legitimate rights and interests of citizens, and supervising administrative organs. However, the administrative judge of the place of the Chief of the legislation has influenced lawmakers of legitimation expected. Administrative jurisdiction of administrative litigation lawsuit is the most basic and important part. However, the current system of administrative proceedings under the jurisdiction of the establishment at the beginning of the trial did not take into account the special nature of the administrative system, or creating good conditions for the realization of an independent and impartial conduct administrative proceedings. Instead, the administrative justice system in some design provides convenient places for administrative intervention. Therefore, improving the system of administrative proceedings under the jurisdiction of the dilemma faced is the basic way to solve the dilemma of administrative proceedings. In the context of the current system of administrative litigation jurisdiction, to establish the administrative jurisdiction of the litigation system in China’s basic national conditions are of great significance for the supervision of legal acts of the executive authorities, and the promotion of the process of the construction of the rule of law.For now. The Construction of administrative litigation jurisdiction system achieved good development. It has made a lot of consensus on the basic concept of administrative jurisdiction litigation, principles, defects, and other aspects of the development of the predicament. It has also proposed a number of proposals on how to improve our administrative litigation jurisdiction system, such as the mention level jurisdiction system, different overlapping jurisdiction system,Centralized jurisdiction system, such as the establishment of the Circuit Court. However, It needs a lot of practice from the proof of consensus.Although the above recommendations can alleviate the localized administrative trend administrative proceedings to a certain extent, but it is not enough to solve the problem fundamentally. This paper attempts to analyze the administrative jurisdiction to establish a system to follow the basic principles, and on this basis to put forward some ideas on the administrative litigation jurisdiction system reform. To Solve many problems existing in the jurisdiction of administrative litigation system should be steadily on the basis of practice, adhere to solve the problem, and establish the administrative jurisdiction litigation system in line with China’s national conditions of development.The first chapter mainly analyzes the causes and defects. The Litigation Jurisdiction System defects are caused by a variety of reasons, including:low-level administrative jurisdiction of the lawsuit, the plaintiff accused defects principle, the court system’s own drawbacks, "no suits, suits" of traditional thinking.The second chapter analyzes the principles of administrative litigation jurisdiction system reform and improvement of the country that should follow, such as:to ensure that the principle of judicial independence and judicial impartiality, the court’s decision and the principles of combining the wishes of the parties, the trial proceedings cheap resources and combining principles.The third chapter discusses the path to solve the problems of jurisdiction system administrative proceedings. Under the current administrative judicial system, governed by the mention level, different overlapping jurisdiction, centralized jurisdiction, the establishment of the Circuit Court and other measures should be shipped to alleviate local judicial and administrative technology and to resolve malpractice litigation system through the reform of the existing judicial system.