The Study Of The Perfection Of The Cross-regional And Centralized Jurisdiction System Of Administrative Litigation

Since the founding of the country since the political,economic,cultural and other conditions,China's administrative litigation jurisdiction system set up with the administrative division of a high degree of overlap,leading to the administrative litigation system is facing judicial administration,judicial localization,the court case burden unreasonable and other defects.Since the end of the last century,the Supreme People's Court and many local courts have tried to change the jurisdiction as a breakthrough,"High-level Jurisdiction","Different Overlapping Jurisdiction ","Relatively Centralized Jurisdiction" and other innovative initiatives continue to emerge.The Third Plenary Session of the Eighteenth Central Committee of the Party put forward the reform concept of "Establishing a judicial system with appropriate separation of administrative divisions".The newly revised Administrative Procedure Law formally established a system of cross-regional centralized jurisdiction.However,the overall effectiveness of the reform is not satisfactory.Specific performance:Reform is only fine in the current judicial system;The administrative trial function of the majority of the non-centralized jurisdiction of the court is in the "dormant" state;The administrative trial and the petition and the stability control mechanism are dislocated;The judicial and administrative benign interaction mechanism needs to be reconstructed;Increase the litigation costs of the parties.In order to perfect the centralized jurisdiction system of administrative litigation,we should solve the practical problems through local and gradual steps,and also need to formulate thorough and long-term planning.On the one hand,At the existing judicial system needs to focus on the following aspects to improve: The establishment of personnel,funding security mechanism;Improve the coordination mechanism within the court coordination,improve the incentive mechanism for evaluation;Improve the petition stability mechanism;Improve the litigation system,reduce litigation costs;On the other hand,we can use the current experience of centralized reform of the jurisdiction of the cross-zoning,at the same time absorb the foreign experience to explore the completion of administrative litigation cross-regional centralized reform of the final goal-establishment of an Administrative Court.