On The Specific System Of Administrativelitigation Relative Centralized Jurisdiction

Civil, Criminal and Administrative is the three major functions of judicial trial in our country, but according to statistics, appeals from administrative cases in China every year rate up more than 80%, which is the administrative case is different from the one of the major characteristics of the civil cases and criminal cases. Collision, this is mainly because the administrative lawsuit litigant status inequality caused by a party is the administrative organ, the party is old people, public power and private power, in this process, people are often in a weak position of the personal rights can’t effectively protect, and in China’s current administrative management system, the local court of people, money and material are subject to local government control, therefore, the people’s court is hard to serve as a neutral role, according to the legal facts as the basis, in accordance with the provisions of the law as the criterion, fair adjudication of administrative cases, even if it is fair judgments of administrative cases, administrative organs may use a variety of means to interfere or refuse to perform. Which is why administrative appeals rate high reason, in the current management system, in order to change this situation, to promote the process of China’s reform of the judicial system, the party and the state promulgated a variety of policy, the people’s courts at all levels also made an effort to the basic principles in the jurisdiction of the system from the beginning of the plaintiff, the defendant, to "promotions limited jurisdiction" to "different jurisdiction" embody the practice circle and theory circle to promote the faith and determination of the reform of the judicial system.The jurisdiction system is an important part in administrative litigation, administrative litigation is the starting point of litigation activities, activities initiated, and the results have an important impact on January 4,2013, the Supreme People’s Court issued{to carry out the pilot work of the relatively centralized administrative cases under the jurisdiction of the notice)), and in May 12015 new implementation of the 《administrative litigation law》 eighteenth paragraph second: approved by the Supreme People’s court, the Supreme People’s court according to the actual situation of the trial, the people’s court to determine the number of cross administrative regions under the jurisdiction of administrative cases, provide a legal basis for the implementation of the administrative litigation on the jurisdiction of the Jilin Provincial Higher People’s court according to the instructions, the Yanbian Korean Autonomous Prefecture court for the trial court.This thesis is intended to through the implementation of relatively centralized jurisdiction of the pilot work carried out research on court of Yanbian Korean Nationality Autonomous Prefecture, in order to in order to improve our current judicial environment, maintain social fairness and justice to make modest. This article is divided into four parts:the first part is the basic research on the relative centralized jurisdiction, including the research background, the purpose and the definition of the relative centralized jurisdiction. The second part is based on the practice of the Yanbian Korean Autonomous Prefecture of the state court of the implementation of the relative concentration of the implementation of the current situation and the implementation of the investigation. Mainly include the implementation of the reasons and the implementation of the status quo, mainly due to the uneven distribution of resources and personnel. In view of the Yanbian court to implement the relative centralized jurisdiction through the collection of some data demonstrate the effectiveness of the relatively centralized jurisdiction. The third part discusses the problems encountered in the implementation of the relatively centralized jurisdiction. Mainly is the increase in the cost of litigation, the administrative judge is not stable, the difficulty of the coordination between the court to increase the difficulty of implementation is more prominent. The fourth part is to put forward some suggestions for the problem of the relative centralized jurisdiction. Including the implementation of the circuit trial, reasonable arrangements for talent and focus on attracting new talent, strengthen coordination among the various courts.