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Research On The Perfection Of The Cross-jurisdiction System Of Administrative Litigation In Different Places

Posted on:2022-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:P XuFull Text:PDF
GTID:2506306539478264Subject:legal
Abstract/Summary:
As one of the three major lawsuits,administrative litigation is an important way for citizens to safeguard their legitimate rights and interests in the face of contradictions with administrative organs.However,due to various factors,this litigation system does not have a good value.Among them,the unreasonable administrative litigation jurisdiction system is an important reason.Due to the strong position of the administrative organ in our country,the local judicature is deeply influenced by the administration.The administrative litigation jurisdiction system is based on the principle of "the plaintiff is the defendant",which makes it easier for the administrative organ to exert influence on the court.In this context,the administrative litigation cross jurisdiction system appeared,the main measure is the separation of jurisdiction and administrative divisions.Moreover,in the newly revised administrative procedure law in 2015,the cross regional jurisdiction system of administrative litigation has been formally established,and the cross regional jurisdiction system of administrative litigation is a mode of cross regional jurisdiction system,which has also been established.So far,the cross jurisdiction of administrative litigation in different places has the legitimacy basis.Therefore,it is of great value to explore and develop this jurisdiction system.This article also starts from this.First of all,the first part starts from the basic theory of cross jurisdiction system of administrative litigation in different places,and first explores its nature.Only by understanding the nature of a system can we further explore the logic and practical exploration behind it.Then,it deeply explores the principles behind the cross jurisdiction system of administrative litigation in different places.So as to support this principle and guide practice.Next,it explores the basis of choosing the cross jurisdiction system in different places.This paper mainly discusses the necessity basis and value basis from two aspects.Through this study,we can know the advantages and necessity of the cross jurisdiction system.The second part is the research on the practice of different stages of cross jurisdiction system.Taking the judicial interpretation of the provisions of the Supreme People’s Court on Several Issues concerning the jurisdiction of administrative cases issued in 2008 and the revised administrative procedure law in 2015 as the nodes,this paper introduces the practice of the three stages and makes an in-depth analysis of their measures.Then,it analyzes the achievements and shortcomings of the reform.The third part mainly introduces the future of cross jurisdiction system.We should insist on and improve the system of administrative litigation jurisdiction in different places.According to the experience gained in practice,we should constantly improve this system.
Keywords/Search Tags:administrative litigation jurisdiction, cross jurisdiction, cross regional jurisdiction, judicial localization
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