The Improvement Of Territorial Jurisdiction System In The Administrative Procedure Of The People's Republic Of China

Territorial jurisdiction system,as one of the fundamental systems in administrative procedure law,serves as the basic principle to determine the division among the courts.The adoption of the principle of plaintiff accommodated to defendant in China makes it possible for the administrative organ to interfere the judicial trial through its executive power,leading to unfair trial of the administrative cases.The improvement of the territorial jurisdiction system can mainly be realized through various ways,such as strengthening the right of the plaintiff to choose the territorial jurisdiction court,expanding the jurisdiction among different places,guaranteeing the complete judicial independence or establishing administrative courts.Whereas the failure of territorial jurisdiction system to be adopted as a long-term solution for current problem due to its own features and weakness,and the difficulty to achieve the complete juridical independence in China within a short period of time,the establishment of administrative court is the most appropriate way to solve the current problems in our country.In 2014,two cross-territorial jurisdiction courts were established in China.The analysis of the related information of the administrative cases in Beijing and Shanghai before and after the establishment of these cross-territorial jurisdiction courts can prove that the establishment of administrative courts can to a large extent solve the independence of administrative procedure,further demonstrating the necessity and feasibility of the establishment of administrative court in China.The study of the administrative court types in civil law countries in the world clarifies that the establishment of specialized administrative court under the Supreme Court is the most appropriate mode for China.Through the analysis of the establishment process and problems that may occur of the administrative court in China,the author points out that,the current specialized courts can be restructured into administrative ones,the administrative court in China should be established steadily and that emphasis should be laid on the cultivation of the talented administrative judges.By doing so,the administrative court is expected to bring the unified justice and efficiency for administrative procedure in China.