Research On The Cross District Jurisdiction System Of Administrative Litigation

China’s 1989 Administrative Procedure Law stipulates the plaintiff’s general geographical jurisdiction principle of the defendant.Due to the high degree of overlap between the judicial area and the administrative area in our country,the administrative litigation is undermined by the local administrative power.Based on the consideration of the administrative trial system facing the defects of the jurisdiction system,the judicial practice of our country has carried on the multi-directional exploration to the centralized jurisdiction,the cross-jurisdictional jurisdiction,the centralized jurisdiction of the railway transport court and the Supreme People’s Court patrol court system,but with the rapid development of the country,these systems gradually show a lag and a lot of incompatibility.The new Administrative Procedure Law,which came into effect on May 1,2015,actively explored the cross district jurisdiction of administrative cases,and finally stipulated in Article 18,paragraph 2,of the new Administrative Procedure Law."With the approval of the Supreme people’s court,the Senior people’s court may be can determine a number of people’s courts to judge administrative cases based on the actual situation of the trial work." However,the new "Administrative Procedure Law" Article 18 of the second paragraph as a general provision,although the Cross District jurisdiction system of Administrative Litigation provides a legal basis,in the specific application process still exists a series of difficult problems :the law itself is too general,full of fuzzy words,the limited choosing of jurisdiction for litigants,the lack of security for the plaintiff and the defendant’s right,difficult to perform and so on.In view of the existing problems,this paper will put forward the corresponding solutions.The Cross District jurisdiction system of Administrative Litigation is the "pioneer" of establishing special administrative court in China,which provides the system guarantee for the effective operation of administrative judicial power.The accumulation of trial experience in the process of system design and implementation will lay the foundation of theory and practice to set up the special administrative court.The main body consists of five parts,about forty-one thousand words.The first part: The Cross District jurisdiction system of Administrative Litigation overview.Summarize the definition of The Cross District jurisdiction system and review its legislative background;analyze the legal nature of the system and summarize its value in the Administrative litigation;and obtain the differences between the various jurisdictional systems by comparing with other jurisdictional systems.The second part: The operation mode of The Cross District jurisdiction system of Administrative Litigation.This paper summarizes the three specific modes of operation of the "jurisdiction mode of railway transport court","jurisdiction mode of intermediate people’ s court" and "jurisdiction mode of grassroots people’ s court".The third part: Through summarizing notice of multiple provinces,we can get three rules: the Rules of registration,the Rules of combine Statutory Jurisdiction with the Choice of Jurisdiction,the Rules of following the Level Jurisdiction and Exclusive Jurisdiction,and finally give detailed elaboration.The fourth part: An analysis of the problems in the operation of The Cross District Jurisdiction system of Administrative Litigation.The generation in Article 18,paragraph 2 of the new Administrative Procedure Law is so strong that lead to three issues: the model standard of setting up cross-district court is unknown,the level of cross-district court is unknown,the level of administrative litigation is unknown.There are three other problems in the actual operation: the prosecutor’s choice of jurisdiction is limited,the lack of security for the plaintiff and the defendant’s right,difficult to perform.The fifth part: The perfect method of The Cross District jurisdiction system of Administrative Litigation.First of all,provide perfect methods from three aspects for the problems of the law itself: set up the model and rules to the establishment of cross-district court,determine the level of cross-district court,determine the litigation level of the cross-district court to accept administrative cases;The author puts forward three kinds of countermeasures: broaden the choice of jurisdiction of the litigants,increase the right informing procedure,perfect the implementation system of the administrative region across the administrative region,and finally put forward the prospect of setting up the special administrative court in our country.