Research On The Cross Administrative Division Court

The bureaucratization and localization of district court have gradually become a big hinder to the judicial justice. Therefore, the opinion of setting up administrative court has been raised in the tide of current judicial reform. This is to solve the problem of high coincidence of judicial area and administrative area, the localization of the appointing of judicial officials which has been an obstacle to the excising of judicial rights. Therefore, it is very necessary to carry out the cross administrate division court reform. This will have a positive effect in allocating the judicial resources reasonably and further ensuring the fair and independent exercise of judicial power in accordance with the law. Currently, we have not only the advanced experience of judicial division reform such as the US, France, German and Japan, but also some related domestic law and policies as a supporter of the further reform. In the first place, the cross administrative judicial placement can ensure the power of courts to be independently achieved and purify the current judicial environment. Second, this can further clarify the power distribution from central government to the local governments, which will be beneficial to the unity of judicial power.Third, it can better allocate the judicial resources and make it more convenient and economical to serve the people. Lastly, it can enhance the leadership of the Party and have a big influence in making the courts towards the right direction. Because of so much far-reaching influence of setting up cross administration courts to China’s socialism judicial reform, it will be bond to become a shining point of ruling the country by law.Of course, the judicial reform must be carried out in a careful manner because the judicial system covers every aspects of the country and the reform will have a butterfly effect. This article will only discuss the principles and problems of setting up cross administration court from a theory aspect and hope it can be of some positive effect to the theory and practice of this area.