| Under the background of judicial reform in administrative lawsuit jurisdiction system,existing problems and how to reform and perfect increasingly become the academic topic.This paper firstly summarizes the basic connotation of administrative litigation jurisdiction aswell as from the theory of the administrative litigation jurisdiction due value function wereanalyzed, including justice, improves the quality of trial, convenient and save lawsuit litigantsand judicial resources, enhance the legal issues in the final decision authority, betweendifferent court trial work load balancing. Then from the territorial jurisdiction, the rankjurisdiction, the jurisdiction of the jurisdiction and decision analysis of the four aspects ofChina’s current system of administrative litigation jurisdiction problems, focusing on the courthearing of administrative cases by excessive improper intervention, the court can not at thesame level of government that made the analysis. Finally, put forward to solve the problem ofthe four solutions, namely the establishment and local power decoupled from the relativelyindependent of the court organization system; reform of administrative trial system, theintermediate people’s court or above the jurisdiction of administrative case of first instance; inthe current administrative trial basic system on specific administrative system undertakesreform, including the rank jurisdiction, territorial jurisdiction, ruling and the establishment ofjurisdiction by agreement system under the jurisdiction of the specific reform measures; theestablishment of administrative court system, in order to establish special administrative courtproved ideal and feasible, and the establishment of administrative court for the rule of law themacroscopic effect. In this paper, through the empirical analysis of the administrativelitigation jurisdiction is deeply discussed, trying to find out the solution to the problem ofpractical scheme and ideal scheme, by solving the key problem of jurisdiction to realizejudicial justice, judicial system reform. |
