Maintain The Jurisdiction Of Or Change The Trial Level

China's current system of administrative litigation jurisdiction is established 20 years ago under the knowledge of administrative proceedings and national conditions at that time, imitating the civil litigation jurisdiction. Therefore, it is established following the four principles, which are, to make the parties to be convenient to litigate; to facilitate the court to exercise jurisdiction; the court balanced the burden was mainly the strength between the trial court level and the rational distribution of workload trials; the combination of being principled and flexible. However, with social development and progress, in these four guiding principles for the establishment of administrative proceedings under the jurisdiction of the system, especially low administrative proceedings under the jurisdiction of first instance has been seriously restricted the issue of administrative litigation system in China. Reflected in practice are the low rate of acceptance of first instance trial of administrative proceeding, and the high rate of withdrawing the lawsuit of first instance trial of administrative proceeding, the plaintiff in particular. The primary causes reflect as the influence of the right of litigation of defendants to jurisdiction in the proceedings, and the intervention of local executive power to judicial power out of the proceedings.Therefore, through the analysis that the local executive power intervene the personnel authority and financial right of adjudicative body objectively, and that local government services the overall situation and the quality of judges is not high, thus, to accept the intervention of the executive power to the judicial power subjectively, it indicates that the administrative litigation cases of first instance trial level is relatively low in the jurisdiction of the court with the same level, even the higher administrative authorities, as defendant. The proceedings of this situation is not conducive to the realization of justice, but also affect social stability and national process of the rule of law, it is necessary to change the current situation that the level of administrative proceedings of first instance trial is relatively low. With the advancement of the national judicial reform and the improvement of the overall quality of government and judges, there are some certain conditions for this reform.Finally this article through analysis of four schemes, which are to raise parts of the level of first instance trail of administrative proceedings, to raise the level of first instance trail of administrative proceedings and to establish circuit courts, to establish judicial region courts, and to establish administrative courts; indicates that only under the condition of the overall raise of the trial level of the administrative proceedings of first instance trial, so as to influence the executive accused of first instance jurisdiction of administrative proceedings is a practical approach to administrative proceedings, in the litigation to achieve the realization of human rights protection capabilities.