Research On The Jurisdiction System Of The Administration Procedure Law Of China

There are several old problems and new defects in the latest revised Administrative Procedure law of China. "Plaintiff accommodated to defendant" is still the general principle of territorial jurisdiction in the administrative procedure law, which does not expand the differentiated jurisdiction and the right to exercise jurisdiction objection of private party in the administrative process. As the general principle,"Plaintiff accommodated to defendant" played an important role in the development of theory and the evolution of practice of the Administrative Procedure Law of China. In this circumstance, it is reasonable to stick to the principle. However, it is difficult to provide convenience for the private party in the contemporary situation that the trans-regional communication is more frequent than ever. And it is convenient for local officials to meddle with judicial investigations and trials. The newly established trans-regional jurisdiction system is advantageous and beneficial. But the system needs common measures and criteria for the implementation in detail, and the ambiguity of methods is not beneficial to the uniformity of legal system in present. And the regulations of trans-regional jurisdictional system have some defects such as excessively intensified localization, high litigation cost for plaintiff and difficult conciliation. Based on the trial practice, the differentiated jurisdiction and the right to exercise jurisdiction objection for private party shall be expanded and the general jurisdictional system (legal jurisdiction),for instance,"Plaintiff accommodated to defendant",is established. And these systems shall be combined with the trans-regional jurisdictional system. The design system has significant influence on reducing the litigation cost for the plaintiff, improving legal and reasonable administration and restraining the administrative organization from intervening independent and impartial trial for the court.The trial grade of first instance of county government as defendant is raised in the latest revised administrative procedure law, which means the competent court is the intermediate court. However, the system of grade jurisdiction solves the problem that the county government as the defendant responds to lawsuits in the county court. But the system design attends for one thing and loses another. It violates the principle of convenience of litigation for plaintiff. Therefore, the cases of administrative process in the first instance shall come under the jurisdiction of basic court. And the system of the third instance as the final shall be established. In the paper, the principle of "Plaintiff accommodated to defendant" should be preserved and exercised comprehensively.Based on the combination of principles and their flexibility, the independent trial and effective execution shall be guaranteed. In this paper, the several resolutions have been presented. First,the "Plaintiff accommodated to defendant",namely the general territorial jurisdiction as legal jurisdiction, shall be established. And the trans-regional jurisdictional system shall be put into practice. Second, as the supplement of system, the territorial jurisdiction shall be developed and specifically, the differentiated jurisdiction shall be expanded and the right to exercise jurisdiction objection of private party shall be conferred by law. At last, based on the system of legal jurisdiction, alternatively, the cases in the first instance under the jurisdiction of basic court, the third instance as the final should be established in the administrative litigation.