The Research On Transregional Jurisdiction System In Administrative Litigation

At present,the judicial districts of our country are highly overlapped with the administrative divisions,and the administrative litigation adopts the principle of general territorial jurisdiction of plaintiffs and defendants,which leads the courts to be subject to administrative organs in the aspect of people,property and finance,resulting in the problem of administrative litigation localization.To solve these problems,the courts at all levels across the country have carried out reforms and explorations of the system of administrative jurisdiction and taken various measures,including raising jurisdiction,cross jurisdiction in different places,relatively centralized jurisdiction.After the clearly defining of inter-regional jurisdictional system in Article 18,Paragraph 2 of the Administrative Procedure Law,many reform pilot projects have been actively carried out throughout the country.Among them,Shanghai and Beijing were the first to establish a cross-administrative district court to rule administrative cases in late 2014.In recent years,although the reform of administrative jurisdiction over the regional jurisdiction system has made great achievements in solving the problem of poor independence in administrative litigation trials,but many difficulties still exist in the actual operation.Therefore,this article intends to start from the related concepts of cross-jurisdictional system of administrative litigation,and introduces its causes and implementation significance.Then it analyzes the status quo of the pilot work that has already been carried out at the current stage,especially focusing on Shanghai Third Intermediate People's Court and Beijing fourth Intermediate People's Court to find out the existing problems.At the same time,it compares with various jurisdictional modes at home and abroad to deepen understanding of cross-regional jurisdictional systems.Finally,its purpose is to make suggestions including strengthening the unity construction of the system,strengthening the protection of the rights of the administrative counterparts,strengthening the cooperation among the courts and strengthening the judicial protection,which can let the system reform be better,and truly realize the independence and justice of administrative trial.