The Exploration Of The Relative Centralized Jurisdiction System Of Administrative Litigation In China

Since the Administrative Procedure Law has been implemented,our administrative proceeding has got great achievement in promoting administration according to law,protecting the legal rights of citizens and solving the administrating dispute.However,court sustains too much interference in the process of the case,which reduced the judicial credibility,because of the traditional mode of "the plaintiff is defendant" and the court system corresponding to administrative divisions.The jurisdiction of the system as an important content in the law,has important independence on whether the administrative trial can conducted independently.Then the theory and practice started to reflect and put forward some solutions,finally putting forward the Administrative Litigation System of the Relatively Centralized.New Administrative Procedural Law affirmed this system,in November 2014,the 12th session of the standing committee ofthe National People's congress.This system is the development of the Administrative Litigation System in place and the jurisdiction of the promotions,making the trial district and administrative district separation,ultimately achieving administrative litigation impartial judgment.However,the beginning of things,the shape is ugly.The Relatively Concentrated jurisdiction system is an innovative system,but as a new law,lasted no more than one year since the administrative procedure law revised in 2015.So,how is the effect.For example,whether it is fundamentally overcome the disadvantage of the original pattern,achieve the effect,still has many questions.Another example,whether there will be a new administrative interference,though the court gives the judicial referee result.In the absence of some data,it's difficult to get a clear answer.It not only involves the system,but also the traditional cultural concept.Facing those problems produced by the system,it needs further reform and improvement.Although the system of the Relatively Centralized has been concentrated,the operation rules are few.In this respect,we can use the system of American and France for reference,giving the parties option.This paper intends to put forward some principle and systems,combining with the judicial interpretation and practical research.Although this is just a small refinement in the Administrative Litigation System in our country,it's a helpful attempt in pursuing judicial independence and justice.This article has five parts.The introduction part put forward the problems by stating the background and significance of the selected topic,combined with the domestic and foreign research preset situation.The first part is about the development of the system and affirms the rationality of the system through introducing of the background and reason of the system.The second part analyzes the reality of the system,combining the value election of the system\practical effect and problems.The third part summarized the revelation on the relevant system construction in our country by analyzing the district jurisdiction system of the United States,France,Japan.The forth part put forward suggestions to improving the system on studying the current administrative litigation jurisdiction,analyzing the problems of the system and outside territorial jurisdiction.Hoping that further complete our country's system of administrative litigation jurisdiction theory by system improvement.