Cross Regional Jurisdiction System Administrative Litigation

With the deepening of China’s judicial reform, in order to better achieve fair and impartial administrative proceedings,article 18 (2) of the new ’Administrative Procedure Law’ stipulates,’With the approval of the Supreme People’s Court, the Higher People’ s Court may, according to the actual circumstances of the trial work,determine the administrative cases of cross - administrative jurisdiction of the people .’This makes the administrative litigation system across jurisdictions administrative region officially became a legal basis for the system. With the introduction of the relevant reform documents, localities have been promoting the pilot reform of the system.This paper studies this as the starting point, so as to provide a concrete empirical reference for the improvement and development of the system.This paper starts from the general theory of administrative litigation cross-administrative regional jurisdiction system, clarifies the concept definition of administrative litigation cross-administrative regional jurisdiction system, and elaborates from two aspects: narrow sense and broad sense.By analyzing the separation of the judicial region from the administrative region, flexible application of the designated jurisdiction and application of special cases, the author summarizes the significance of the system, such as improving the "two high four low" issues, to enhance the credibility of administrative proceedings.For administrative litigation cross jurisdictional jurisdiction, extraterritorial mainly through the jurisdiction system, the circuit court system and the administrative court system to solve. Although these systems are not in the full sense of the administrative litigation across the administrative jurisdiction system, but with the study of this system has many similarities. Therefore, this article through the differences between Chinese and foreign related systems analysis and comparison, clear the similarities and differences between relevant systems for the reform of the system to provide a useful reference.Through the analysis of the present situation of practice in different places, it is found that the three modes of cross-jurisdictional jurisdiction, relative centralized jurisdiction and cross-administrative regional court jurisdiction are mainly used in practice. In the process of local reform, there are many problems, such as lack of uniformity of application principle, lack of clarity of application standard, lack of democracy of appointed jurisdiction, increase of litigant’s cost, lack of effective protection of plaintiffs litigation rights and lack of effective guarantee.For the problems existing in the above-mentioned system, this paper puts forward some suggestions for perfecting the reform. First of all, improve the application of the principle, and gradually establish the principle of independence of the court, the principle of avoiding the principle of jurisdiction and to facilitate the principles of the three principles. Second, improve the relevant system. Clarify the applicable standard of the system, improve the system of administrative litigation system, implement the relative centralized designated jurisdiction system, and improve the plaintiff’s litigation rights protection system and the judgment execution guarantee system.Frozen three feet of non-day cold. China’s reform of the system is still in the initial stage of the trial, there are many imperfections in the future need to gradually improve the process of reform in order to better achieve the administrative litigation to limit abuse of power and safeguard the function of fairness and justice.