Reflections Centralized Administrative Litigation Jurisdiction System

Substantive rights of the parties to the administrative proceedings, litigation rights and the independence of the trial court administration needs to improve the administrative jurisdiction of the lawsuit to protect the system, but the shortcomings of the existing system of administrative jurisdiction litigation has become increasingly prominent, is not conducive to maintaining administrative proceedings against the parties subject to administrative authorities legitimate rights and interests, is not conducive to the courts exercise judicial power independently. To compensate for the existing administrative jurisdiction litigation defects and improve the system of administrative litigation jurisdiction, the Supreme Court on January 4, 2013 issued "on the conduct of administrative cases under the jurisdiction of the relative concentration of the experimental work notice"(hereinafter referred to as "centralized jurisdictional notice") "centralized jurisdictional notice" decision: in the country to determine the part of the Intermediate People’s Court in administrative proceedings under the jurisdiction of the relative concentration of the pilot work in areas under its jurisdiction. Experimental work demonstrated that centralized administrative proceedings under the jurisdiction of model has certain benefits, but there are also disadvantages can not be ignored.December 2, 2014, the Central Leading Group comprehensively deepen reforms seventh meeting proposed the following reforms:First, the establishment of the Circuit Court under the Supreme People’s Court, the second, the establishment of inter-administrative division of the People’s Court in some regions and People’s Procuratorate. Admittedly, these two reform measures largely concentrated up for the lack of administrative litigation jurisdiction, but also to improve the existing system of administrative litigation jurisdiction.Therefore, this article attempts to base the analysis of the pros and cons of centralized administrative proceedings under the jurisdiction of the experimental work in the presence of top make recommendations and comments.Based occurred in Guangxi Zhuang Autonomous Region, together with case- the problem Qinke Qin v pond red Township People’s Government places under the jurisdiction of the case reflects, centralized administrative proceedings under the jurisdiction of the concept of system features described and analyzed on the basis of established administrative litigation causes and significance of centralized jurisdictionsystem.Then briefly discusses the pilot centralized administrative proceedings under the jurisdiction of the case, including the relative concentration of the jurisdiction of the contents of the reform, the effectiveness and the existence of deficiencies highlighted the shortcomings of centralized jurisdiction of administrative litigation system and a simple analysis of its causes.Finally, to clarify the jurisdiction of the perfect centralized administrative litigation system in China suggested a simple analysis of the Circuit Court trial-level model to improve the feasibility of the establishment of the Supreme Court and the present and the establishment of inter-administrative region under the jurisdiction of the courts and prosecutors to compensate for the problem, and a brief introduction if want to establish administrative courts under the current conditions of the country how to do.