Research On The Cross Administrative Division Court In China

Administrative and judicial jurisdiction areas are highly overlapped the court setting mode is caused by China's current judicial system localization, root cause serious problems of administrative. Therefore, the establishment of breaking the high degree of overlap in the corresponding relationship between these two cross administrative court is cracked court independent judicial power weak, necessary in order to protect the independence of the judiciary.Through on the history of exploration and back concluded, based on the current situation of the present court system, coupled with administrative litigation itself has the characteristics of, making localization, administration and the adverse effects in the administrative litigation behave particularly prominent and obvious, so the emphasis point of this text mainly in our country cross administrative court set up to research the effect of administrative litigation on.Through the historical exploration and back, combined with the current judicial practice, it is not difficult to draw, the localization of the current judicial system, the administration is main cause of administrative litigation faced the dilemma of. Previous to break the dilemma and make beneficial exploration, although there are some achievements, but is not substantially solve problems of administrative litigation. Proposed the establishment of the circuit court of the Supreme court, cross administrative divisions of the establishment of the court to hear the case, we set up cross administrative court lay a solid foundation in theory and practice.Reform to advance steadily, we can consider in China's provincial-level administrative divisions to set up cross administrative divisions of the court trial of the case of pilot work, and then to promote the country. In this paper, in Sichuan Province as an example, from the level of the court, quantity, jurisdiction, working mechanism and staffing and other parties in the face of provincial administrative divisions within the cross administrative division of the court of the specific construction of the system, and make the argument, in order for the future set up special administrative court in order to pave the way.The ultimate goal of the reform is to guarantee the independent adjudication of administrative litigation, in order to achieve the ultimate goal, the establishment of Special Administrative Court is essential. This research by the provincial administrative divisions across the administrative divisions of the court, with further administrative litigation has the particularity, and the administrative court and the Supreme People's court circuit court, provincial within the administrative region of cross administrative court, explains and demonstrates the relationship between intellectual property court, can be found in the establishment of administrative courts have the necessity and the feasibility, and the specific system construction and design in order to get rid of the local administrative judicial intervention, realize the independent exercise of judicial power and the realization of the rule of law provides a suggestion.