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Practice And Reflection On The Reform Of Centralized Jurisdiction In Administrative Cases

Posted on:2018-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:M T ChenFull Text:PDF
GTID:2416330566985684Subject:Law
Abstract/Summary:PDF Full Text Request
For a long time,the number of administrative cases is low,the distribution of judicial resources administrative trial is uneven,from local government improper administrative intervention are factors that restrict the development of administrative trial,It is difficult for the people's court to independently accept and handle the administrative litigation cases impartially.In January 2013,the Supreme People's Court issued the notice on the pilot work of the relatively centralized jurisdiction of administrative cases.It is decided to carry out the pilot work of relatively centralized jurisdiction of administrative cases within the jurisdiction of some intermediate people's courts.The centralized jurisdiction of administrative cases is the limited separation of judicial and administrative jurisdictions through the unified designation of jurisdiction by the people's courts.It is an administrative adjudication system reform to get rid of the local interference and enhance the people's courts to independently and impartially handle administrative cases according to law.The trial courts in various parts of the country have carried out various modes of exploration and practice.The intermediate people's Court of Guangdong,Jiangmen province is the first pilot in Guangdong Province designated by the Guangdong Provincial Higher People's court.After four years of practice,Jiangmen court from the relatively centralized jurisdiction into centralized jurisdiction and Hierarchical Jurisdiction in parallel mode.Practice has made certain achievements,but it also highlights many problems.In January 1,2015,the newly revised "administrative procedure law" was formally implemented.Among them,the administrative case jurisdiction system has increased the new concept of cross regional trial,which has injected new impetus for the centralized jurisdiction reform of administrative cases.This paper intends to start with the practice of centralized jurisdiction reform of administrative cases in Jiangmen courts.By comparing and analyzing several main modes of centralized jurisdiction reform in administrative cases,this paper sums up the advantages and disadvantages of centralized jurisdiction of administrative cases.Under the framework of the new administrative procedure law,the development direction of the centralized jurisdiction of administrative cases is discussed.It also puts forward some feasible suggestions to further improve the centralized jurisdiction reform of administrative cases,so as to benefit the reform of administrative adjudication system.
Keywords/Search Tags:Administrative litigation cases, Centralized jurisdiction, Hierarchical Jurisdiction
PDF Full Text Request
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