Studies On The Registration Filing Administrative Proceedings

With the continuous improvement of the social economic development and people’s awareness of the law, administrative litigation cases more and more, in 2012 the National Court of First Instance of cases recorded amounted to 8.443 million in 2013 rose to 8.876 million in 2014 and then rose to 949 million. New contradictions and new problems are emerging, party litigation channel is not smooth, the limited judicial resources and other factors led to the need for reform filing. The new Administrative Procedure Law Article 51, paragraph 1 May 2015 the formal implementation of:. "People’s Court in the prosecution of receiving the complaint in line with the conditions prescribed in this Law shall be registered with the" clear at the legislative level change the way administrative proceedings filed intent to meet the needs of justice, while the parties also reached the legal target of procedural justice.The filing of the registration system in the implementation of the conditions for prosecution, filing procedures, supervision and institutional filing have a certain degree of reform and improvement. But the smooth administrative cases in judicial track, still need to mature system to guide practice. Since the implementation, we get from the news, most of the network information is:the surge in the number of cases around the court; frivolous lawsuits, malicious prosecution growing phenomenon. Display problems, court filing court judges in the face of this major reform filing system as demonstrated confused and overwhelmed, causing people to question the credibility of the judiciary and controversy.I believe that the existence of administrative cases "filed difficult" phenomenon, has two main aspects:one is due to the presence of many contradictions or legal norms need to further refine the system level, so that the revised law in the judicial practice in maneuverability pending increase, resulting in various parts of the court filing different standards; on the other hand, alternative dispute resolution mechanisms did not play out the law as expected. Such as administrative review procedures idle; petition work can not be concerned about the demands of the people, can not solve the root causes of administrative disputes and so on. Courage judicialreform irreparable institutional imperfections, therefore, how to resolve the "filing difficult" problem from the root, to ensure the effective operation of filing registration system to better protect the parties the right to appeal, has become an important issue among the Judicial Reform.