Research On Jurisdiction System Of Administrative Litigation

Jurisdiction, as the prelude for court to exercise its judicial authority, is also the precondition and the foundation for litigants to exercise the right of action.As prescribed by Article1of the current Adminitrative Procedure Law OF The People’s Republic of China (hereinafter referred to as the Administrative Procedure Law), pursuant to the Constitution, this Law is enacted for the purpose of ensuring the correct and prompt handling of administrative cases by the people’s courts, protecting the lawful rights and interests of citizens, legal persons and other organizations, and safeguarding and supervising the exercise of administrative powers by administrative organs in accordance with the law.That is to say the purpose of the Administrative Procedure Law is to ensure the correct and prompt handling of administrative cases, protect the lawful rights and interests of citizens, legal persons and other organizations, and safeguard and supervise the lawful exercise of administrative powers by administrative organs.Then, is our litigation system able to serve the purpose?Although the Constitution has established the principle that justice is independent from administration. However, this spirit cannot be implemented in practice because of the defect of administrative trial system.Nowadays, the main issues that our administrative trial system reform is facing are that adminitrative power interferes with judicial power, that judicial power clings to executive power, the administrative management in judicial department and that the judges cannot handle the cases independently.As far as jurisdiction, the jurisdiction system of administrative litigation in our country still has many drawbacks especially in the design of the jurisdiction by level system and the territorial jurisdiction.Under today’s judicial system, reforming and perfecting the jurisdiction system of administrative litigation is the inevitable choice to establish and perfect a fair, effecive and authoritative administrative judicial system.The paper comprehensively illustrates the evolution of our country’s jurisdiction system of administrative litigation and the urgency, the value and the principle of the administrative trial system reform. Also, emphasis has been laid on the specific research of the reform of the jurisdiction by level and the territorail jurisdiction as many scholars believe it is hard to establish administrative court. Moreover, by analyzing the features and the disadvantages of jurisdiction regulations in different periods, the author proposes an exploratory idea of reforming and perfecting our country’s jurisdiction regulaitons.Besides the introduction and epilogue, this paper is divided into four parts.Part one is the summary of the jurisdiction system of administrative litigation. The concept and the feature of the jurisdiction system of administrative litigation is introduced and the relation between the jurisdiction system of administrative litigation and the scope of accepting cases of administrative litigation is comparatively analysed, based upon which this part pointes out the principle of establishing the jurisdiction system of administrative litigation and the development of the system.Part two is about the reform of the jurisdiction of administrative litigation and the administrative trial system. This part elaborates the difficulties that judicial independence is facing in our country’s administrative trial system and the value, the significance and the principle of the administrative trial system reform and the jurisdiction of administrative litigation. The following content pointes out that the key of the reform is to handle two relations, which are the external and internal relationship of the court. At last, this part analyzes and evaluates the idea of establishing administrative court.Part three is about the jurisdiction by level. Starting with the concept, the evaluation and the analysis, the author puts forward some suggestions on reforming and perfecting jurisdicion by levelt.Part four is about the territorial jurisdiction. Starting with the concept, the evaluation and the analysis, the author puts forward some suggestions on reforming and perfecting the territorial jurisdiction.