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Study On The Cross-regional Jurisdiction System Of Administrative Litigation

Posted on:2019-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhouFull Text:PDF
GTID:2346330569989416Subject:legal
Abstract/Summary:PDF Full Text Request
The jurisdiction of administrative litigation is an important part of the Administrative Litigation Law.From the experience of more than two decades,the original "Administrative Litigation Law" has gradually exposed many problems in its jurisdictional system,which can no longer fully meet the development of today's society..Therefore,when the "Administrative Procedure Law" was amended,it explicitly proposed the system of administrative litigation across jurisdictions.Local governments have already started pilot work to implement this system.Although the related administrative litigation jurisdiction system is still not perfect,it is still in the process of exploration.Some problems have also been exposed in the pilot process,but it has largely solved the problem of improper intervention by local authorities and the inability to independently exercise judicial power.This is a major step forward in China ' s reform of the judicial system.This paper analyzes and compares the administrative litigation cross-regional jurisdiction system implemented in China from the following three aspects:The first part is an overview of the administrative litigation cross-regional jurisdiction system,which is mainly about the concept analysis of the cross-regional jurisdictional system.It points out the importance of the administrative litigation cross-regional jurisdiction system in China and analyzes the defects of the original administrative litigation jurisdiction system and the status of the administrative litigation cross-regional jurisdiction system.The second part,domestic and foreign related administrative litigation cross-regional jurisdiction system mainly analyzes and explores the design of inter-regional jurisdictional systems for administrative litigation at home and abroad.The cross-regional jurisdiction system,relative concentration jurisdiction system,and railway transport court jurisdiction system for the pilots in China are adopted.Examples and detailed analysis have pointed out the advantages and disadvantages of various pilot jurisdictional systems,and conducted research and analysis of relevant jurisdictional jurisdiction systems outside the United States,such as the United States,the administrative court systems of France and Germany,and research and analysis of cross-regional jurisdictional systems.It is conducive to the reform of China's administrativelitigation jurisdiction system,and through continuous improvement,China's administrative litigation jurisdiction system has been improved.The third part,the proposal for the improvement of the administrative jurisdictional cross-regional jurisdiction system in China puts forward its own opinions and suggestions for the improvement of the administrative jurisdictional cross-regional jurisdiction system in China: In the process of perfecting the system,we should follow the principle of compatibility and facilitate party litigation.Principles and the independent exercise of the principle of jurisdiction;At the same time,to establish a reasonable system of administrative litigation jurisdiction must also protect the professionalism of the judges,guarantee the independence of the trial,fully grant the plaintiff the right to freedom of choice,and standardize the jurisdiction and trial of cases.
Keywords/Search Tags:administrative litigation, Cross trial jurisdiction, relatively centralized jurisdiction, cross-regional jurisdiction
PDF Full Text Request
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