Research On The Registration System Of Administrative Litigation

The issue of "difficulty in filing a case" in administrative litigation has always been a major problem in the process of the rule of law in our country.In order to solve this problem,our practice and theoretical circles have been continuously exploring how to solve this problem.On October 23,2014,the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Ruling of the Country by the Law" passed by the Fourth Plenary Session of the 18 th CPC Central Committee clearly stated that "the reform of the court case acceptance system and the change of the case review system to the registration system for the people The cases that the court should accept in accordance with the law must be established in order to protect the litigant's right to sue.This shows that China's move from filing a case review system to filing a registration system is a major change in China's filing system.Judging from the implementation of the registration system,administrative cases have indeed increased substantially,and people's right to action has also been guaranteed.The problem of administrative lawsuit filing has indeed been resolved to a certain extent,but it has also brought about a Series of questions.In 2018,the Supreme People's Court issued the latest judicial interpretation by summarizing the practice.The registration system for registration has shown a trend of contraction,indicating that there are indeed many problems in the registration system in practice.This article mainly includes the following four aspects.First of all,from the perspective of prosecution and admissibility,this paper analyzes the concept of the administrative litigation registration system,then explores the background and promulgation purpose of the administrative litigation registration system,and analyzes it from three perspectives: the theory of people's sovereignty,the theory of litigation guarantee,and the theory of litigation purposes.The theoretical basis of registration system for administrative litigation.The whole section paves the way for the registration of administrative litigation cases from a macro perspective.Secondly,this article analyzes the theoretical perspective of the administrative lawsuit registration system.Through the analysis of the "absolute model" represented by France outside the domain and the "relative model" represented by Germany,combined with the opinions and practices of the judges of the court setting up the caseon the 49 th article of the new administrative procedure law,theoretically Finding the value orientation pursued by China's administrative litigation registration registration is whether it pursues the "absolute model" or the "relative model" or reverts to the "registration review system."Thirdly,through field investigations of the X court,combined with the actual operation of the current registration system in China's courts,supplemented by data from case and judgment papers,it is found through data analysis that the current administrative litigation registration system exists in operation.The problems include:the vagueness of censorship standards at the time of filing,the serious phenomenon of“many people are missing”,the continuous emergence of abuses of lawsuits,and the unclear accountability system,all of which reflect the hidden dangers brought about by the reform of the case and make the people Court judges are in a state of bleakness.Through comprehensive analysis of theoretical and practical experience,the causes of the problems mainly include: legal ambiguity,increase in the number of cases and shortage of judicial resources,lack of social law and lack of punishment mechanisms,and imperfect supervision mechanisms.Finally,some immature proposals were put forward for the registration of administrative lawsuits.It mainly includes four aspects.Firstly,in view of the issue of the content of the registration examination at the time of registration,the author believes that the import should be liberalized so that the case that meets the“prosecution conditions” first enters the court and adds a “substantial review” process after the case enters the court.At this time,Rejected cases that did not meet the conditions.Secondly,in view of the problem of a large number of cases,the author believes that it is necessary to establish a diversified dispute resolution method and increase the use of non-litigation to resolve disputes.At the same time,a statistical system is established to regulate the behavior of administrative agencies from the source.Third,through the establishment of a “blacklist” system of litigation,supplemented by both punishment and education,the issue of abuse of litigation rights can be resolved.Fourth,by strengthening internal and external supervision to ensure the implementation of accountability mechanisms to ensure the normal operation of the administrative litigation registration system.