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Research On The Cross District Jurisdiction Of Administrative Litigation System

Posted on:2017-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:P Y ChenFull Text:PDF
GTID:2336330503987704Subject:Law
Abstract/Summary:PDF Full Text Request
The current administrative judicial system of our country has significant defects, that is, there is a corresponding relationship between the administrative litigation jurisdictions and the administrative divisions. Geographical jurisdiction of the general principle "the plaintiff accommodating the defendant" directly causes the local court to hear the administrative case of the local administrative organ as the defendant. But the local court's operation of the personnel matters and property is completely controlled by the local government, the administrative organs in order to avoid the adverse consequences of losing the case, administrative intervention occurs frequently. The judicial practice of administrative litigation has been reformed and explored, the long-distance cross jurisdictional system and the relatively centralized jurisdiction system emerge as the times require, they indeed achieve some success in the initial trial, but they are still not guaranteed administrative judicial power exercise independently and impartially because of its own existing defects.In order to solve the above problems more effectively, it is very necessary to establish administrative litigation jurisdiction system of administrative litigation jurisdictions separated from administrative divisions. The cross district jurisdiction of administrative litigation system is prescribed in the article 18.2 of the new “administrative procedure law” is directed against the serious limitations of the current administrative judicial system, although it is just a principled provision, through the analysis and interpretation of specific legal provisions so that it has a relatively clear legal connotation, through the reference of the domestic and foreign related legal system so that it is enriched and perfected, as far as I am concerned, it is of great benefit for the development of administrative litigation system and the resolution of related issues.
Keywords/Search Tags:Administrative Litigation, the Cross District Jurisdiction System, Administrative Judicial System
PDF Full Text Request
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