The Research On Administrative Judicial System Of China

The administrative judicial system mainly refers to the jurisdiction division of the administrative judicial power between the organizations, which includes external management system between the executive and judicial branches, and internal management system between judicial organizations. Legislation in our country, the people's court is to establish the jurisdiction of administrative case, but also take the ad hoc administrative tribunals of the compromise. From the Angle of comparison method, that is different from the administrative court system of civil law system, also not completely equal to the common court system of Anglo-American Legal System. It should be said that our administrative trial system with Chinese characteristics, and extremely this feature is worthy of further discussion. Whether is this kind of administrative trial system in China running well, or valid safeguarding judgment and justice, that is worthy of our consideration.The present thesis intends to propose some tentative ideas regarding the administrative judicial system and how to perfect the administrative judicial system of China. This paper begins with concepts of administrative trial system, combines with the development history of the current administrative trial system. Based on a preliminary analysis of the current judicial system, the thesis summaries the content and function of administrative trial system. While based on the analysis of administrative trial system of Anglo-American law system and the continental law system, the thesis puts forward that administrative trial system of China has some particularity Chinese characteristics, which has concurrently a double character of general court and administrative court. From the actual situation of our courts of justice, on the judicial independence of our country, there is a serious problem. It mainly exhibits to be the localization and administration of judicial power etc. In the second part, some existing problems are deeply analyzed. Through the comparison of the internal and external relations, the thesis finds questions about the judicial authority and judicial independence of not only the administrative trial system itself, but also the judge, which seriously affects the normal operation of the administrative trial. The third part chooses the representative countries' administrative trial system of Anglo-American law system and continental law system. Through the introduction of the relevant provisions of the system, the present thesis comments on the related content of specific system. On this basis, this part talks over the pros and cons of the common court system and administrative court system, and analyses the administrative court emphatically. It is assumed that under the background of judicial reform, administrative court is contributed to strengthening the independence of administrative trial, promoting the process of judicial independence, and improving the actual position of courts in the country. The fourth part associates with current prevailing opinion of administrative trial reform to put forward a sound proposal of it, and to summarize and evaluate the suggestion for representative. It puts forward the problems needing attention about establishing an administrative court, namely the advantage of administrative court mode, which is coordinated issue of professional and independence. Finally this text proposes that establishment of the independent administrative court can solve the crux of the administrative proceedings essentially. And in the part, in the evaluation of the administrative court, the thesis expatiate the necessity and feasibility of setting of administrative court, and puts forward some tentative ideas, that are the administrative division shall be separated from people's court. The present thesis intends to establish an administrative court by referring to the other countries reasonably, whose funds allocated by national finance directly and pay attention to our administrative trial practice of the past and future to establish an administrative court system according with the situation of our country, etc.