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Research On The System Of Relatively Centralized Jurisdiction Of Administrative Cases

Posted on:2018-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WuFull Text:PDF
GTID:2346330515492995Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Administrative litigation belongs to the typical "people suing officials",and whether it is fair or not is not only related to the construction of the rule of law in China,but also relates to the prestige of the government and the protection of the rights and interests of the parties in the administrative proceedings.Therefore,the administrative case is undoubtedly the most common people are most concerned about the type of case.In administrative cases,the jurisdiction system is very important,it is directly related to how to expand the administrative litigation,and even the quality of the trial of the case will have an impact.In the 28 years of the development and reform of administrative procedure law in China,the administrative litigation jurisdiction system has gradually become the focus of the reform of administrative litigation system.Especially after 2000,the reform of the system of administrative litigation jurisdiction into the active state from the initial attempt of hitherto unknown,cross level jurisdiction,to explore the different jurisdiction,to concentrate under the jurisdiction of the pilot reform shows the depth and breadth and increasing the degree of the situation.However,the main line of the reform of the jurisdiction system is always the same,that is,to exclude the factors that may interfere in the trial,to promote the fairness and justice of the administrative trial,and to improve the credibility of the administrative trial.Therefore,in order to make up for the defects of the existing centralized jurisdiction of administrative litigation,administrative litigation system more perfect,the Supreme People's Court issued the "notice on carrying out the pilot work of the relatively centralized administrative cases under the jurisdiction of the January 4,2013"(hereinafter referred to as the "pilot notice"),"the pilot notice" decision: nationwide,determine a part the intermediate people's court in administrative proceedings in its jurisdiction area is relatively concentrated under the jurisdiction of the pilot work.To ensure that the people's court in the administrative proceedings can correctly and timely trial of administrative cases,to protect the people's litigation rights and other legitimate rights and interests.in recent years,the academic circles have paid more attention to the research on the reform of the administrative litigation jurisdiction system,but more is the theoretical study of the problem,and the empirical research on the issue is weak.In view of this,the pilot work in Fuzhoucity of Jiangxi province is relatively centralized jurisdiction from the perspective of the basic people's court in the jurisdiction of administrative litigation system reform as the main line,the practice of the city grassroots people's court administrative litigation jurisdiction system based on reform,put forward its own views on the basic people's court administrative case in China is relatively centralized jurisdiction system reform model and the path and other issues,hoping to reform of China's administrative litigation system help.
Keywords/Search Tags:administrative litigation, administrative cases, centralized jurisdiction
PDF Full Text Request
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