The Reform Of The Administrative Litigation Jurisdiction Of Concentrated Present Situation And The Path To Explore

In order to get rid of the problem of the current judicial system of administrative litigation jurisdiction, a positive attempt and exploration should be made to fit for the development. Through the unified command of the people’s court, the administrative litigation cases are concentrated scattered in different court, in order to enhance the authority of people’s courts independently exercise the administrative jurisdiction, promote the constitution and the law’s efficiency and affection, supervise the administrative organs activities in accordance with the law, protect the legitimate rights and interests of the people. Therefore, the project is not able to completely eradicate obstacles of administrative litigation system. Centralized system of jurisdiction is the reform of the current judicial system in a sense within the framework of the policy measures, the path is to set up special administrative court, and finally truly establish a legal system of independent administrative cases of a fair trial.Mainly includes the monopolization of the people’s court of administrative litigation jurisdiction between the level of \"jurisdiction’" and \"regional jurisdiction\" between the people’s court at the same level, under the jurisdiction of the corresponding concentration can be divided into \"improve case-hearing level of intensive jurisdiction\" and \"across regions concentrated jurisdiction\". And under the jurisdiction of administrative cases concentrated essence is different under the jurisdiction of the cross, it is the flexibility of case-by-case designated jurisdiction, led by the supreme people’s court of the concentration of foreign-related civil and commercial cases jurisdiction, the jurisdiction of intellectual property cases focus is to take this way, the concentration of the jurisdiction of the court, once the specified, specific cases do not have to specify individually, but accepted and heard directly by the focus under the jurisdiction of the court. It through the ’"improve case-hearing level of intensive jurisdiction" mode and \"across the region jurisdictio\" mode, the combination of specific performance for the narrowing of the legal jurisdiction of court and legal jurisdiction of another part of the court, judicial adjudication limited separation area and administrative area, so as to get rid of local interference, strengthen the independence of the people’s court in accordance with the fair and the handling of administrative cases judicial ability.On November 1,2014, the 12th session of the 11th meeting of the standing committee of the National People’s Congress high vote has passed a resolution to modify \"administrative procedural law\". This is since the fourth plenary session of the party’s 18, modified by the legislature of the first law in our country, also is \"administrative procedural law\" implement to make modification for the first time in 24 years, the law of the original \"administrative procedural law\" has made the quite comprehensive revision, greatly strengthened the efforts for protection of civil rights, solved many problems and difficulties existed in the practice of administrative litigation. Under a new law \"approved by the supreme people’s court, the higher people’s court may, according to the actual situation of judicial work, determine the number of the people’s court across the administrative areas under the jurisdiction of administrative cases.\" This will be conducive to reduce administrative interference judgment, to a certain extent to ensure the judicial independence. And as early as January 2013, the supreme people’s court has issued the work pilot implementation of administrative cases under the jurisdiction of the relatively concentrated notice decision within the jurisdiction area of part of the intermediate people’s court to carry out the pilot work of the jurisdiction of the administrative case is relatively concentrated. Pilot work for more than a year of practice has proved that it can realize the jurisdiction of the trial of the jurisdiction of the administrative litigation concentrated area separated from the administrative area, prevent and eliminate improper intervention, both guarantee the application value of the suit right of the administrative relative person, also guaranteed the court justice value of the entity. But on the other hand, administrative cases under the jurisdiction of the centralized system although has been immobilized in the form of law, but, after all, it is a new thing, and is a breakthrough in the court system on the basis of the current political system and legal framework for innovation arises at the historic moment, its implementation and operation process are also has some problems and difficulties, and its concrete connotation, significance and implementation of future problems are worth our further discussion and analysis. The author attempts through analyzing the present situation of the system of administrative litigation cases under the jurisdiction of the concentrated, understand the current system in court in the operation of the difficulties and problems, and through to the jurisdiction of administrative litigation concentrated legal basis and dig deep reform background and clarify, proposed the Suggestions of the reform of administrative court and ideas.