Research On Ways Of Transforming Railway Transport Courts Into Cross-Administrative Courts

With the development of society and the closeness of economic exchange,more and more disputes have the feature of cross-administration.The common courts that are built on the basis of administrative districts are managed by the administrative government.Therefore,the fairness of judgments involving of cross-administrative cases is high queried and there comes the According to the central government files,cross-administrative courts are designed to solve the cases that are cross-administration,of significance or tending to interfered by the administrative government,thus to remove the localization of jurisdiction,to assure the independence of judiciary,to maintain the unification of law,which is beneficial to build the new litigation pattern that common cases are tried in common courts while special cases are heard inThe central government put forward the plan that transforming the Railway Transport Courts into cross-administrative courts in order to adapt to the national conditions,to allocate resources properly and to lower the cost of reform.The Railway Transport Courts have the features of cross-administrative jurisdiction,directly under the high peoples' courts,less interference by local governments and sufficient judicial resources,which are highly resemble the cross-administrative courts.Now Shanghai and Beijing have established the first and second cross-administrative court in China,the other Railway Transport Courts have made the pilot reform too.But till now,there is no unified reform program of the cross-administrative courts.This thesis is based on the research of the central government files and the pilot reform of the Railway Transport Courts,using the document analysis method and comparative analysis method to compare the deferent patterns of the pilot reform and leading to the idea that the Railway Transport Courts transforming way is the most reasonable way for the cross-administrative courts reform.More specifically,the vertical management by the central government instead of the provincial management is the best pattern for this reform.This thesis also proposes the specific suggestions on how to set the cross-administrative courts in China.Since the unified reform program has not been brought,and as a staff of Jinan Railway Transport Intermediate Court,I hope this thesis will provide advice and suggestions and make due contributes to the reform.