Reflection And Perfection Of China's Administrative Litigation Jurisdiction System

Since the implementation of the Administrative Procedure Law in 1989,it has played an important role in safeguarding the lawful rights and interests of the administrative relative and promoting the administrating according to law.At the same time,the inherent shortcomings of administrative litigation system are increasingly prominent.The number of administrative cases is small for a long time;the relative win-win rate is relatively low while the appeal rate and the complaint rate continue to rise.Administrative Jurisdiction System is one of the most basic and important parts in administrative litigation.The current administrative litigation jurisdiction system has the following problems.There is a high degree of overlapping of judicial jurisdiction and administrative divisions;the level of first instance court is too low,and the plaintiff don't have enough right to choose jurisdiction court.As well as the system design problems,there are institutional and cultural factors.In order to solve the problems of the administrative jurisdiction system,both theoretical and practical circles have made in-depth exploration and practice.Among them,the escalation of the jurisdiction will overload the Intermediate Court and the High Court administrative with heavy cases,and will increase the cost of litigation.Cross-jurisdictional jurisdiction undermines the stability of administrative proceedings,increasing the cost of litigation.Relatively centralized jurisdiction will result in imbalanced burden of grass-roots court cases,higher pressure on the trial of centralized jurisdiction,and the difficulty in avoiding mutual help between local governments and so froth.Cross-administrative division of the court and the circuit court only take charge of a small part of the major and complex but not widely representativeadministrative cases.And there is some doubt whether it can be fully promoted.The railway administration court has carried out the Pilot Work of the Relatively Centralized Jurisdiction of Administrative Cases.There are some problems such as unreasonable layout of railway court in centralized jurisdiction of administrative cases,increasing litigation cost and too much pressure of case.Administrative courts are controversial because of the high cost of setting up.The reform of the administrative litigation jurisdiction system should aim at exploring the establishment of the judicial jurisdiction system which is separated from the administrative divisions properly,and try to get rid of the intervention of the local government to the maximum extent.The author recommended taking two steps to perfect China 's Administrative Litigation Jurisdiction.At the present stage,it is necessary to push the railway courts to concentrate on the administrative cases,and when the time is ripe,the railway courts will be transformed into the administrative courtsso as to fundamentally solve the problem of the administrative litigation jurisdictional system.