On The Cross Regional Jurisdiction System Of Administrative Litigation

Found in reform of the administrative litigation,the court set up and local administrative area is the same,the local administrative organs and judicial organs belong to the same area,close to,is likely to be biased and corruption.Across such a situation,the supreme people’s court and the district court issued many laws and regulations,with a lot of exploration,a long-distance cross jurisdictional system,relatively centralized system is born at this time.Although these explorations have a certain effect in the early stage,there are still problems in practice because there is no fundamental change of localization.In order to perfect the administrative litigation system,it is the way to reform the administrative litigation court from the traditional administrative division.New "administrative procedural law" on November 1,2014,the standing committee of the National People’s Congress examined and approved,and to begin on May 1,2015 of the administrative procedure law of the People’s Republic of China.]About the jurisdiction of the administrative litigation system of the second paragraph of article 18,this paper puts forward the ideas of cross administrative divisions,bring reform qualitative leap,greatly reduce the local administrative authority of judicial intervention,and respect of the plaintiffs option,to protect the legitimate rights and interests of the weak side.This paper mainly discusses the interregional jurisdiction system of administrative litigation in China from the following aspects.First of all,the article discusses the basic meaning of the interregional jurisdiction system of administrative litigation,as well as the important characteristics of cross-administrative division,and points out the purpose of the system.Secondly,in practice,the court’s aspects and so on human resources,financial revenue and expenditure,material localization,especially the grass-roots court of first instance administrative litigation cases,often by administrative organs in the process of trial of external pressure,cause a lot of unfair decision,administrative litigation cases of trial the losing rate,the appeal proportion and the complaint rate is high,"fundamental question" always is not solved,the public mistrust of lawsuit system to gradually,even through the way of reporting,not legal for the government,the functions and powers of cross abuse brings to the society many bad effects.Again,through to the henan,lishui,anhui,jiangxi,tianjin and other pilot’s situation,deeply discusses the original jurisdiction,the jurisdiction of the different cross system,relatively concentrated jurisdiction system in practice reflects the advantages and disadvantages of;Then,through the reform of Shanghai railway court and guangzhou railway court,the reform of trans-regional administrative cases is further explored.Finally,from the implementation of the principle of "be convenient to both",respect for the plaintiff option,improve the level of court of first instance,circuit court,etc.,and combining with the above problems,put forward to improve the current era of cross-regional jurisdiction system of the three piece of advice.Across the emergence of regional jurisdiction system,makes the court to exercise their rights according to law and not biased,trial only need to consider whether the illegal administrative act,whether or not damage the legitimate rights and interests,and cancel the illegal specific administrative act.In turn,good administrative litigation mechanism,force the government department to do the practical work according to law.