The Empirical Study Of Cross-Administrative Regions Jurisdiction

After the promulgation of the Administrative Litigation Law in 1989,it does not achieve the desired effect.People realize that administrative litigation has encountered difficulties in filing,hearing and carrying,and believe that this issue is related to the jurisdiction system,which is determined according to the district of the administrative organ.Therefore,the court tries to achieve the independence and justice of administrative litigation by reforming the system of jurisdiction.Court takes the following approaches,namely,improving the level of jurisdiction,transferring cases to a long-distance court,appointing a special jurisdiction court.All of them are to cut off the regional association between the jurisdiction of the court and the defendant administrative organ.Although they achieve some results,there are also some problems,such as the inability to completely eliminate external interference and the lack of legal basis.The amended Administrative Litigation Law in 2014 stipulates the cross-regional jurisdiction system,which aims to provide free space for the reform of administrative litigation jurisdiction through broad authorization provisions.Therefore,whether the cross-regional jurisdiction can realize the legislative purpose of administrative litigation law,improve the environment of administrative litigation,which require constant attention.The cross-regional jurisdiction system,as a mandate,has a strong discretion,and the plans and practices of reform in various places are inconsistent.This means that different administrative reforms have different purposes and methods,which may be contrary to the legislative purpose of the administrative litigation law.Therefore,the specific practice of the cross-regional jurisdiction and the future direction of the jurisdiction system should be evaluated according to the legislative purpose of the administrative litigation law and the purpose of the reform.This article is such an attempt.The first part of the article puts forward the question how to evaluate the cross-administrative jurisdiction of administrative litigation,and explains the normative and empirical research methods.The cross-administrative regional jurisdiction system is the pursuit of the value set by the administrative litigation system for the legislative purposes of the Administrative Procedure Law.On the other hand,in the context of judicial reform,cross-regional jurisdiction as a measure to solve difficulties of administrative litigation in filing,hearing and carrying,and express a strong tool purpose.There may be a tension between the instrumental goal of cross-regional governance reform and the value pursuit of the governance system.Then,does the purpose of the tool of cross-administrative jurisdiction accord with the legislative purpose of Administrative Procedure Law?The second part briefly reviews the evolution of the reform of cross-regional jurisdiction,and analyzes the hermeneutics of Article 18,Paragraph 25 of Administrative Procedure Law.Administrative litigation jurisdiction system has generally experienced the practice of improving the level of jurisdiction,transferring cases to a long-distance court,and appointing a special jurisdiction court.While gaining certain experience,there are also some problems without the basis of legal norms.The amendment to the Administrative Procedure Law responds to the above problems and provides space for further reform of the jurisdiction system through uncertain legal concepts.The third part elaborates the ideal purpose and tool purpose of cross-administrative region jurisdiction.The administrative litigation law,from the specification described in Article 1 across the administrative areas under the jurisdiction of four ideal purpose,namely "fair and timely handling of administrative cases","administrative dispute solving","safeguard legitimate rights and interests","administrative supervision and administrative organs in accordance with the law".From the perspective of the reform policy of jurisdiction,the instrumental purpose of cross-administrative jurisdiction is diversified and expanding.The fourth part systematizes the practice of cross-administrative regional jurisdiction in different regions.The cross-regional jurisdiction can be divided into case jurisdiction and overall jurisdiction,general court jurisdiction and special court jurisdiction.Whether the parties can choose jurisdiction?Although different schemes of cross-regional jurisdiction take different ways of dealing with this problem,there is no doubt that the court is to realize the influence of the cross-regional jurisdiction on the parties litigation right,emphasis on measures to facilitate the parties to exercise his right to appeal.Through the practice analysis,it can be found that it is necessary to make further analysis from the perspective of court organization to determine that the power of cross-regional jurisdiction has higher executive power or legislative power.In the fifth part,we observe the characteristics of the organization of the court at different levels and the corresponding reform measures across administrative regions.Court organization system has the characteristics of the bureaucratization of constitution,which causes the function of the cross-regional jurisdiction in a state of instability.Therefore it is difficult to evaluate whether the cross-regional jurisdiction can achieve the purpose.At the same time,the auxiliary measures of the cross-administrative regional jurisdiction reform have the characteristics of bureaucracy while solving the disadvantages of certain bureaucracy.It is also full of uncertainty whether the auxiliary measures can promote the realization of the purpose of the cross-regional jurisdiction theory.The sixth part summarizes the main problems of cross-regional jurisdiction through the interviews and practical combing of judges.In particular,although the Administrative Procedure Law provides a normative basis for the reform of administrative litigation jurisdiction,the current reform practice has a tendency to "illegalize" the administrative system.The separation of regional relations between the competent courts and the organs of the accused makes it difficult to reconcile the conflict of the principle of conveniences the uneven pressure of the judicial organization and difficulties in resolving administrative disputes in substance.This shows that the administrative litigation across administrative jurisdiction lacks the overall planning and evaluation standard system,which needs to be improved urgently.