Research Of Administrative Procedural Jurisdiction System

As the entrance for the administrative counterpart to the litigation procedure, the administrative procedural jurisdiction system is extremely special and important; improving such administrative procedural jurisdiction system has been an important section for China's reform of judicial system. However, in practical operation, the jurisdiction system has deviated from its original track of values for various reasons. Congenital deficiencies often exist on the legislation level. During operating process, such system is often dominated by other power relationships. In this research, based on the basic theories of jurisdiction system, by analyzing the current situation and existing problems in China's jurisdiction system, we have made evaluations and selections on the reform proposals by scholars and pilot programs by local courts, referred to the overseas advanced experiences on administrative litigation (judicial review) and jurisdiction system, and proposed some ideas and suggestions on reforming the administrative litigation and jurisdiction system, which can be considered as a breakthrough of this thesis.The thesis can be divided into 6 parts.Part 1: Introduction. In this part, purpose and meaning of this thesis has been discussed, current situation of theoretical and practical research of administrative procedural jurisdiction system in China has been summarized. The author has also proposed her own thoughts.Part 2: Overview of Administrative Procedural Jurisdiction System. This part mainly introduces the general theory of administrative procedural jurisdiction system. First of all, major views on the concept of administrative procedural jurisdiction system in China have been described. In view of the natural relations between jurisdiction and judicial power, a new concept of administrative procedural jurisdiction has been proposed. Secondly, clear-cut purpose of administrative procedural jurisdiction has been set up, thus laying the foundation for in-depth discussion in the following paragraphs. Finally, general principles of administrative procedural jurisdiction have been established.Part 3: Profile on Overseas Administrative Procedural Jurisdiction System. In this part, by introducing the administrative litigation (judicial review) and jurisdiction system in Germany, France, Britain, USA and Japan, etc., valuable experience and enlightenment has been provided for the reform of administrative procedural jurisdiction system in China.Part 4: Analysis on the Current Legislation and Existing Problems of Administrative Procedural Jurisdiction System in China. Reform is necessary for correcting deficiencies. In this part, current legislation of administrative procedural jurisdiction system in China has been summed up, and reasons have been deeply analyzed, thus laying the foundation for the idea of reform in the following paragraphs.Part 5: Comments on the Current Proposals of Reforming the Administrative Procedural Jurisdiction System. In practical operation, the jurisdiction system has deviated from its original track of values; therefore, some specialists, scholars and substantive departments have tried to improve this system. In this part, introductions and comments have been made on some reform proposals proposed by scholars and reform endeavors of substantive departments.Part 6: Ideas on Reforming the Administrative Procedural Jurisdiction System. No matter summarizing the theories, making overseas investigations or analyzing the current situations, we have only one purpose, which is, encouraging the reform and improvement of the administrative procedural jurisdiction system in China. In this part, at the beginning, necessity of such reform under the framework of legitimacy has been discussed; secondly, principles of the administrative procedural jurisdiction have been re-constructed; finally, a specific idea on reforming the administrative procedural jurisdiction system in China has been proposed.