The Study Of The Administrative Litigation Jurisdiction System Of Basic People’s Courts

Administrative litigation is a typical phenomenon of "people suing government officials", and whether administrative litigation is fair is not only related to China’s legal system construction and the prevention of administrative power abuse but also related to the government’ prestige and the legitimate rights of relative counterparts in administrative proceedings. Therefore, this type of litigation is undoubtedly the most concerned lawsuits among people. And administrative litigation jurisdiction directly affects the practice of administrative litigation and even influences the trial quality of the case. The promulgation of The Administrative Litigation Law of People’s Republic of China in 1989 marked the formal establishment of the administrative litigation system in China. With the development and reform of administrative litigation system in the past twenty years, the administrative litigation jurisdiction system has gradually become an important and key element of the reform of administrative litigation system. Especially since 2000, the reform of the administrative litigation jurisdiction system has entered an unprecedentedly active state, which shows the trend of the ever-increasing depth, breadth and integration of the reform in the process of the initial trial to improve the level of jurisdiction, the exploration of jurisdiction in different places and then the experiment of concentrated jurisdiction. The principal line, which runs through the reform of the administrative litigation jurisdiction system, is to exclude a variety of interventions, to promote the legal justice of administrative trail, and to enhance the credibility of the administrative trail. This paper bases its analysis of the administrative litigation jurisdiction system on judicial practices and gets some ideas of the reform and find out the reform way to improve China’s administrative litigation jurisdiction system on the analysis. Objectively speaking, in recent years, academic research over the administrative litigation jurisdiction system has devoted much enthusiasm, but most is theoretical study of the problem, and empirical research is relatively weak. In consideration of this fact, the paper researches the system of the administrative litigation jurisdiction in the perspective of the reformation of the administrative litigation jurisdiction system in Zhejiang Province, on the main line of the innovation of the administrative litigation jurisdiction system in basic people’s courts and on the basis of the practice of the renovation of the administrative litigation jurisdiction system in Zhejiang Province and puts forward author’s views over the issues of the reform modes and path of the administrative litigation jurisdiction system of basic people’s courts in China, hoping the research is helpful for the transformation of the administrative litigation jurisdiction system in China.The paper mainly includes the following three parts:The first part analyzes the main problems and causes of China’s present administrative litigation jurisdiction system. Currently, although except very few basic people’s courts, almost all basic people’s courts across the country have set up administrative tribunals to hear administrative cases, the credibility of the administrative trail is affected by the following facts:administrative tribunals of many basic people’s courts have difficulty in forming a collegial panel because of too few judges in the administrative tribunal, exist in name only because they mainly hear other kinds’cases due to the small number of administrative cases, and don’t have the independence to perform the administrative judicial right. The causes of the problems above mainly result from the issues of the basic administrative litigation jurisdiction system:the problems in the mode of administrative litigation jurisdiction and the troubles principle of administrative litigation jurisdiction. It is the causes above that prevent basic people’s courts from playing administrative litigation’s full role.The second part researches and compares the different modes of the conversion of the administrative litigation jurisdiction system of basic people’s courts in China. Based on the three modes of the reform of the administrative litigation jurisdiction system in Zhejiang Province, which include the trial to improve the level of jurisdiction, the exploration of jurisdiction in different places in Taizhou Intermediate People’s Court and the experiment of concentrated jurisdiction in Lishui Intermediate People’s Court, and the mode of Administrative Court, which has been a hot topic in academic research, the paper respectively compares the different modes of the administrative litigation jurisdiction above in the litigation cost, the protection of the basic people’s courts’ independence to perform the administrative judicial right, the balance of judicial resources allocation and the legality of administrative litigation. Discusses over the advantages and disadvantages of these different modes come to the conclusion:these different modes of administrative litigation jurisdiction have their own advantages and disadvantages, which mode to choose for present China’s administrative litigation jurisdiction should stick to the principle to be conducive to the smooth conduct of spirit which mode should the smooth conduct of administrative litigation and realize the spirit of the administrative litigation law, varies based on specific circumstances of the cases, and develops into the mode of the administrative court when everything is ready.The third part discusses the principles and path of the modification of the administrative litigation jurisdiction system of basic people’s courts in China. First, the paper clarifies the basic principles which the change of the administrative litigation jurisdiction system of basic people’s courts in China should obey:the principle of judicial justice, the principle of economy and convenience, the principle of reasonable allocation of judicial resources. Then, the paper discusses the path which the revolution of the administrative litigation jurisdiction system of basic people’s courts in China should take:the improvement of the administrative litigation jurisdiction system of basic people’s courts in China should "proceed in two phases":at the present time the three modes of administrative litigation jurisdiction should be integrated, and then the mode of the administrative court is established when everything is in place, in which way the melioration of the administrative litigation jurisdiction system in China will be carried out steadily, the function of administrative litigation will be realized effectively, specific administrative acts of administrative organs or their staff will be regulated, and the legitimate rights and interests of administrative counterparts will be safeguarded.