Research On The Reform Direction Of My Country's Administrative Trial Organization Model

Since the promulgation of the Administrative Procedure Law,the trial of administrative cases in China has been troubled by many problems.However,with the country’s opening up to the outside world and the continuous development of the economy,the legal awareness of the citizens has also been continuously improved.The contradiction between the problems caused by "judicial localization" and "judicial administration" and the fairness and justice pursued by the public is particularly prominent.Social justice is greatly challenged.Secondly,the railway courts in China have long been faced with such problems as too many people,too few cases and too little judicial independence,which have affected the judicial authority and the normal operation of the courts.At present,the system of trans-regional centralized jurisdiction reduces the influence of judicial localization on court trial to some extent.So only relying on the fine-tuning of the law and without the supporting reform of the administrative trial system cannot fundamentally solve the substantive problems of the administrative litigation trial.There are mainly two directions in the mode reform plan of administrative trial organization.One is the establishment of administrative courts,the other is the establishment of cross-regional courts.Both of them have played a good role in promoting judicial justice in theory and practice.However,there are also great differences between the two in many aspects.This difference is related to the direction choice of administrative litigation reform.The reform of administrative trial organization mode pursues not only the values of fairness and justice.The costs and benefits should also be considered.In recent years,China has carried out the trial of trans-regional administrative cases in Shanghai and Beijing.The centralized jurisdiction of administrative cases has made some initial achievements in the pilot process,but still has its limitations.Through the analysis of the pilot work,this thesis combines the theory and practice of relevant administrative courts and trans-regional courts at home and abroad.This thesis argues that the reform of administrative trial organization mode in our country should take the realization of social justice as the first priority,and give consideration to the costs and benefits of the reform of administrative trial organization mode,so as to achieve efficient and fair administrative trial.Through the analysis of the purpose,cost and trial efficiency of the reform of the administrative trial system,this thesis can draw a conclusion that the establishment of the administrative court is the most appropriateway and way to solve the problems at this stage.At the same time,it is clear that the realization of judicial independence is a gradual process.In this process,we should pay attention to the training of judicial talents and the perfection of supporting systems.It is expected that the construction of administrative courts can realize the unification of judicial fairness and efficiency in China.