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The Dilemmas And The Way Of Trans-regional Centralized Jurisdiction System Of Administrative Cases

Posted on:2019-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:S J XuFull Text:PDF
GTID:2416330548964091Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As the administrative litigation jurisdiction established in the legislation of the new administrative procedure law,the system of trans-regional centralized jurisdiction of administrative cases,with judicial independence and justice as the design intention,solved the problem of local intervention in the jurisdiction of administrative litigation by establishing the mode of trans-regional centralized jurisdiction of administrative cases.The system not only realized the value of independence and impartiality of administrative trials,but also was closely related to judicial quality,judicial authority and judicial system reform.As a beneficial exploration of our country's litigation jurisdiction system,it plays an important role in China's judicial jurisdiction system.The main contents of this paper are divided into five parts:Starting from the literature review and analysis of the system of trans-regional centralized jurisdiction of administrative cases,the first part expounds the basic theory,research value,method and innovation of the system;In the second part,the current status of the system is analyzed and investigated.We affirme the preliminary achievements obtained since the system implementation,such as to rule out local intervention,to maintain the independence of the judicature and safeguard judicial unification,etc.,and sum up the series of problems lying in the implementation of the system;In the third part,through the reference of the foreign system of trans-regional centralized jurisdiction of administrative cases,we find out the experience from Germany,France,Japan and the United States which suits our country.The fourth part puts forward the solution to the dilemma of the system implemented in our country and proposes some feasible measures to clarify the legal regulation,regulate the operation of the program,improve the cooperation mechanism and improve the court's ability;The fifth part summarizes the main points of the thesis and points out that this paper has to be deepened in the study of quality and efficiency evaluation,so as to make a contribution to the long-term and effective development of the administrative litigation system in China.
Keywords/Search Tags:administrative litigation, centralized jurisdiction, trans-regional, Judicial independence
PDF Full Text Request
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