On The Reform Of The Administrative Trial System

China is in the process of trial-centered reform of the litigation system,court centralism as the central principle of trial center doctrine,once again aroused hot discussion and discussion in the academic community.Judicial centrism means that the trial is the center of the litigation system,emphasizing the important position of the judicial power,emphasizing the important role played by the court in the trial activities.The key to the reform of the trial system lies in the reform of the court system.At present,there are some serious problems in the administrative litigation system of our country leading to the formalization of the court trial,mainly in four aspects:the function of the pre-trial system is single,the executive head to participate in the trial system lacks specific measures,the cross-examination system and the collegial system are lack of maneuverability.Because of the unequal status of the parties in the administrative litigation and the interference of the executive power in the administrative litigation,the reform of the administrative litigation court system should not only focus on the formalization of the trial process,but also consider the particularity of the administrative litigation itself.Based on this,the reform of the administrative litigation court trial system should include the following four aspects:First,the pre-trial procedure should be a separate procedure to conform to the administrative practice of administrative litigation.Second,improve the specific measures about the system of executive head to participate in the trial to address the system in the actual operation of the follow-up fatigue.Thirdly,determining the applicable circumstances and standards about the exclusion of illegal evidence rules,to solve the problem on the illegal evidence is difficult to identify and the standard is difficult to unify;strengthening the principle of direct words apply to the administrative court trial,improving witness protection measures,innovating ways about witnesses to testify in the court,and constantly improving the system of Witnesses appear in court to testify,to solve the problem of witnesses to participate in court trial difficulties.Fourth,improve the collegial system,to solve the issue on the formalization of the collegiate panel in the administrative proceedings.Through the improvement of the above four systems,it is helpful to realize the substantiveization of administrative litigation trial from trial to final evaluation.