Research On The Reform Of Administative Litigation Jurisdiction In Place

The general territorial jurisdiction of administrative litigation in China responds to the principle of “plaintiff to defendant” in civil litigation.This stipulates that the obvious difference between administrative litigation and civil litigation is neglected.That is,the plaintiff in administrative litigation is constant and is always an administrative agency;it also neglects the administration of administrative legal relations.Relatives’ affiliation with administrative agencies is not equal to the legal status of both defendants.The Administrative Litigation Law’s regulations on the level of jurisdiction have made the vast majority of first-instance administrative cases heard by the grass-roots courts,resulting in a very low proportion of first-instance administrative cases under the jurisdiction of the intermediate courts,while the primary courts of our country have lower status than their counterparts at the same level,and they have resisted in administrative trials.The external pressure is weak.As the local court’s human,material,and financial resources cannot escape the control of the administrative agencies at the same level,there are certain problems in the jurisdiction system of administrative litigation.In addition to the influence of other external factors,the localization and administration of the judicial system in the administrative litigation area is serious."It is difficult to file a case," "difficulty in trial," and "difficulties in enforcement." Based on the above reasons,the practice community started with jurisdiction and through different forms of jurisdiction in different jurisdictions,achieved partial adjustment of the jurisdictional system horizontally and vertically,and eased the “three difficulties” phenomenon.The Third Plenary Session of the 18 th CPC Central Committee proposed to explore and establish a jurisdictional system that is appropriately separated from administrative divisions.Based on this,the new Administrative Procedure Law stipulates cross-regional jurisdiction,which coincides with reforms in jurisdictions in other jurisdictions.Through the implementation of jurisdictional reforms in different places,the independence of the court has been strengthened,local intervention in administrative litigation has been eased,the supervisory role of judicial power over administrative power has been strengthened,and the credibility and authority of the court have been enhanced.The first part first discusses the background of the jurisdictional reform of different jurisdictions.The traditional jurisdictional system can not adapt to the rapid development of administrative litigation,and it is prominently manifested as the "three-difficult" phenomenon.Secondly,it discusses the reform process in different jurisdictions over the years and the specific methods in practice.Finally,it discusses the significance and value of remote jurisdictional reform,which is the necessity of reform.The second part mainly discusses the new development of remote jurisdictional reform.Taizhou Mode,Henan Mode,and Shenzhen Mode are the objects of study.The development process of Henan jurisdiction in different jurisdictions is focused on,and the development and changes in the process of reform are specified in the aspects of the implementation of remote jurisdiction,the jurisdiction of the court,and the scope of application.The third part discusses the problems existing in the implementation of the jurisdictional reform in different jurisdictions.Off-site jurisdiction has obvious effects in reducing local interventions,but it also caused certain problems,such as increased litigation costs,lack of administrative trial functions in some courts,etc.These problems can be resolved to effectively play the expected effects of jurisdictional reforms in other places.On the basis of the third part,the fourth part puts forward measures for the improvement of jurisdiction in different places.Through the way of filing cases,trial methods,jurisdiction options,and the people’s property of the court,the management of jurisdictions in different places should be improved and the resistance to reforms implemented in the process should be reduced.