Study On The Cross-Regional Jurisdiction System Of Administrative Litigation

The administrative litigation in our country has long followed the general geographical jurisdiction principle of " plaintiff versus defendant," and there are widespread problems of " difficult filing,difficult trial and difficult execution." The reform of the jurisdiction system is the starting point to solve the dilemma faced by administrative litigation.The provisions of Article 18,paragraph 2,of the "Administrative Procedure Law " revised in 2014 provide a sufficient legal basis for the reform of crossregional jurisdiction in administrative litigation,but it does not have clear and specific provisions and is more general.The reform of cross-regional jurisdiction of administrative litigation has been carried out for more than seven years.Different jurisdiction models have been actively explored throughout the country to solve the long-standing difficulties faced by administrative litigation.On the one hand,various models explored in various places have achieved certain results in pilot work,reducing local governments ’intervention in court administrative trials,and accumulating some experience that can be promoted.On the other hand,some common problems have also been found in the pilot process.The reform has always been difficult to touch the fundamental problems of the jurisdiction system and there is no separate specific legal provisions.Therefore,it is imperative to further explore the cross-regional jurisdiction system of administrative litigation and put forward a perfect construction path.The article mainly adopts literature research method,empirical analysis method and comparative analysis method.The main content is divided into four parts.The first part mainly introduces the basic connotation of cross-regional jurisdiction of administrative litigation,including the concept,characteristics,background and process of cross-regional jurisdiction of administrative litigation,as well as the practical significance of the system.In the second part,by enumerating the hierarchical jurisdiction mode,relatively centralized jurisdiction mode,off-site cross jurisdiction mode and relying on the railway transportation court jurisdiction mode implemented in the reform practice,the representative areas are selected to compare and analyze the data before and after the reform of the model,the data in the early and late stages of the reform,and then summarize the achievements and problems of each model.The third part summarizes the common problems in the crossregional jurisdiction system of administrative litigation,and analyzes the existing problems,including the lack of unified models and standards,the increase of litigation costs,the lack of court trial power,the difficulty of resolving administrative disputes and the lack of jurisdictional options and relief procedures.The fourth part mainly puts forward suggestions from four aspects : top-level design,content construction,supporting measures and multi-party joint efforts,so as to improve the cross-regional jurisdiction system of administrative litigation.The main contents include clarifying the basic principles,unifying the relatively centralized jurisdiction mode,clarifying the scope of cases applicable to cross-regional jurisdiction,establishing and improving the mechanism for the parties to choose jurisdiction,strengthening the construction of the trial team,improving the convenience measures and establishing the necessary linkage mechanism,in order to further accelerate the reform process of the cross-regional jurisdiction system of administrative litigation.