Font Size: a A A

On The Cross Regional Jurisdiction System Of Administrative Litigation

Posted on:2017-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:M SongFull Text:PDF
GTID:2296330482996410Subject:Laws and Law
Abstract/Summary:PDF Full Text Request
Since the implementation of the administrative procedure law, to protect citizens’ legitimate rights and interests in our country, and the administrative organs of the legal administration played a major role, it is regarded as the implementation of the "rule of man, the ending of the era of the beginning of the rule of law era". But because of local powerful interference, the impartiality of the administrative litigation by the powerful challenge. The third plenary session of the 18 proposed "to explore the establishment and administrative districts under the jurisdiction of the appropriate separation of the judicial system" of the reform ideas. Then, further defined the fourth plenary session of the party’s 18 "explore to set up across the administrative divisions of the people’s court and the people’s procuratorial work, handle cases across the region. We will improve the mechanism of administrative litigation system, reasonably adjust the jurisdiction of administrative litigation system, and solve the administrative litigation case such outstanding problems as difficult hard, trial and execution." These are all in order to solve local intervention, ensure fairness and justice administrative proceeding reform measures. New "administrative procedure law of the people’s court of the second paragraph of article 18 across areas under the jurisdiction of administrative cases of administrative litigation system is the local intervention, hit, it not only make up for the downside of jurisdiction is too single, now in our country and on the other level, across the area under the jurisdiction of administrative cases given the administrative litigation of the plaintiff the right to choose the jurisdiction of the court, put the plaintiff to the basic status of litigation.This article is divided into four parts, the first part expatiates the jurisdiction of the concentrated, the concept of jurisdiction of cross-regional, analysis the reason, from across the area under the jurisdiction of the local improper intervention and the existing deficiency in the system of jurisdiction, finishing the significance of inter-regional jurisdiction system, overview of across the entire area under the jurisdiction of the jurisdiction system in all across regions in macro. Of the second part expounds respectively is the understanding of the theory of cross-regional jurisdiction system, the understanding of the relationship between "the plaintiff is the defendant" jurisdiction, and the understanding of the different cross jurisdiction, set up special administrative courts in relation to the understanding, knowledge or theory is the theory of the controversy over all help us to know more about across the area under the jurisdiction of administrative case system. Is the third part focuses on the new administrative procedural law "in paragraph 2 of article 18 of inter-regional jurisdiction system, due to the lack of supporting measures now, there will be practical, a series of problems, such as cost, execution, and prove that many problems, such as these are all in the future judicial explanation of administrative procedural law "should be a nationwide unified standard to solve the problem. The fourth part is the prospect of cross-regional jurisdiction system, from now is hope that the implementation of the cross-regional jurisdiction system to expand the choice of jurisdiction of a court by the plaintiff in administrative litigation for the shortcut, wants to in the future in the whole national set up across the region within the scope of the administrative court.
Keywords/Search Tags:the jurisdiction, cross region, the cross area of jurisdiction
PDF Full Text Request
Related items