Study On The Cross-regional Jurisdiction System Of Administrative Litigation

The reform of administrative jurisdiction system of administrative litigation has been regarded as an important measure to solve the predicament of administrative litigation in China.Some local courts have successively adopted various reform measures on the basis of the original administrative litigation jurisdiction regulations,trying to block the interference of administrative organs in the courts by changing the judicial jurisdiction.The supreme people’s court has issued relevant judicial interpretations one after another on the basis of the trial experience of local courts to promote the reform of administrative litigation jurisdiction in general.In order to solve the practice of administrative litigation,to realize central plenary session on the reform of the system of administrative proceedings under the jurisdiction of the judicial system and requirement,revised in 2015 under the "administrative procedural law" in article 18 of a new about the provisions of the "administrative litigation jurisdiction of cross-regional".Implementing the administrative cases under the jurisdiction of the cross-regional than before the reform measures of progress,but there are still many deficiencies,multi-level structure hidden under the standard of unknown,effectiveness is not clear,to explain the theoretical problem of dislocation;In the practice of diversity,great difficulties have appeared,such as poor cohesion,increased litigation burden and insignificant effect.Therefore,we need to reposition the cross-regional jurisdiction system of administrative litigation and provide corresponding development paths,so as to provide a basis for the improvement of the system in the future.Article topic for argument,this paper mainly adopts the literature analysis,case analysis and empirical research method,at the same time will also be in the process of writing by using historical analysis,comparative analysis,system analysis and other research methods.The research process of the article is divided into four parts.The fourth part is the focus of the article,and it is also the end point of the narration and analysis of the first three parts.The first part introduces the concept of administrative litigation jurisdiction of cross-regional and characteristics,defects in the administrative trial system and the system of administrative litigation jurisdiction the causes of the double under the influence of the system such as the meanings of cross-regional jurisdiction as well as the implementation of the reform of the basic questions.The second part in time sequence as the context,the reform of the supreme people’s court issued the relevant judicial interpretations and around promotions under the jurisdiction of courts in the trial practice takes cross jurisdiction and the jurisdiction of the relatively concentrated areas,such as specific reform,and emphatically introduces the present situation of the administrative litigation jurisdiction of cross-regional.The third part will deconstruct the problems in the standardization and practice of China’s cross-regional administrative cases.Regulatory problems including the specification of the jurisdiction of the administrative litigation cross-regional inversed phenomenon,nature orientation disorder and weakening of the plaintiff s litigation,litigation efforts to increase the dislocation feature set and the system location imbalance;The problems in practice are mainly manifested as poor system cohesion and poor separation effect.In this paper,the content of the last part is based on the discussion above,put forward by strategic positioning,new interpretation of the law and rules,reinforcing the development of the three aspects of idea,across the area under the jurisdiction of administrative case system to further improve the system of providing holistic design.