Study On The Review System Of On Filling And Registration Of Administrative Litigation

The fourth plenary session of the 18 th CPC central committee clearly put forward that the system of case-filing examination should be changed into the system of case-filing registration.The new administrative procedure law clearly stipulates the system of registration and case filing,and it is explained clearly that registration and case filing are equivalent.Compared with the original administrative procedure law,the new administrative procedure law has a series of institutional innovations,among which case is important.The implementation of the registration system of administrative litigation has protected the litigation right of the parties,played the role of judicial supervision and brought more administrative disputes into the legal settlement channels.It has the function of protecting the litigation right of administrative litigants,maintaining judicial unity and judicial independence,and it is also an important part of the modernization of social governance system.However,it also has many problems,such as unclear standards of the elements of prosecution,the risk of abuse and the challenges to the work of the court.At present,there are still some problems in case filing,litigant qualification,and case trial quality assurance mechanism.Therefore,the way is to clarify the standard of filing and examination,to distinguish between formal and substantive examination,to establish the sanction mechanism of malicious litigation,to improve the multi-resolution mechanism of administrative disputes and to strengthen the construction of administrative trial force.In light of the current legislative situation,it is critical to build operational review standards.This topic proposes that the main way to file an administrative lawsuit is to examine the form,and to examine the essence appropriately.In the future reform process,in order to achieve a good social effect,so that the court in accordance with the law,timely accept cases,then we must continue to improve this system.We should gradually clarify the obligations of the court,strengthen the examination of the qualifications of the parties,and clarify the standards for filing cases.We should also develop new and unique approaches,and use other approaches other than the court to resolve conflicts,so that the interests of the parties and judicial resources can be equally balanced.