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On The Jurisdiction System Of Administrative Cases In Inter-administrative Division Court

Posted on:2020-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhuFull Text:PDF
GTID:2416330575972240Subject:Constitution and Administrative Law
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Justice is the lifeline of the rule of law,and judicial justice plays an important leading role in social justice.China's Administrative Procedure Law establishes a jurisdictional system based on level jurisdiction and general territorial jurisdiction,supplemented by jurisdictional systems such as escalation jurisdiction,designated jurisdiction,and centralized jurisdiction.At the same time,the local courts at all levels have basically corresponded with administrative divisions,forming a situation in which most judicial divisions and administrative divisions overlap.The combination of the two has formed the drawbacks of judicial localization,litigation and home and away in judicial practice.In order to effectively solve the problem of local interference in the operation of judicial power,China has carried out the preliminary exploration of administrative litigation jurisdiction reform in judicial practice.Although it has achieved certain results,it has not completely escaped the predicament of judicial localization.Therefore,it is necessary to explore the establishment of judicial administrative divisions across administrative divisions and establish judicial divisions that are properly separated from administrative divisions.This is a useful supplement and improvement to China's current judicial system.This article includes an introduction,four chapters of the main text,and six parts of the conclusion.The introduction part expounds the reform of the administrative system jurisdiction system and the background,research value,research ideas and research methods of the establishment of the cross-administrative district court.It also illustrates the practical and judicial value of the administrative system reform of administrative cases across administrative divisions,and proposes its existence.The dilemma and provide a solution to the problem.The first chapter expounds the Legal attributes of courts that govern administrative cases across administrative divisions,analyzes the positioning,constituent elements and definitions of cross-administrative division courts,and proposes suggestions for perfecting constitutionality.The second chapter expounds the definition of the scope of administrative cases in administrative divisions across administrative divisions,mainly solves the problems of such courts,and analyzes the problems and reasons for the unclear standards of jurisdiction of such courts and the unscientific screening of jurisdictions.Suggestions such as amendments to the law and clear jurisdictional standards to solve the current predicament.The third chapter expounds the level standards of the administrative cases of administrative divisions across administrative divisions,mainly solves the problem of which type of administrative cases are subject to the jurisdiction of the administrative divisions of the administrative divisions,and analyzes the existence of the incomplete review system and the trial setting.Reasonable dilemma,and proposed a workaround and an advanced solution.The fourth chapter expounds the geographical division of the administrative cases of administrative divisions across administrative divisions,analyzes the problems of the administrative divisions and jurisdictions of such courts,and proposes the workarounds,ideal models and final ideals to solve the dilemma.The conclusion part expounds the conclusions drawn from the research on the reform of the administrative system of administrative cases across administrative divisions,and prospects for future research.The design of the administrative system of administrative cases across administrative divisions has its superiority that cannot be covered by previous jurisdictional systems,and helps to get rid of the predicament faced by the judicial system as a whole.However,the promotion of this jurisdictional reform is inseparable from the corresponding system guarantee and improvement,including the revision of relevant laws and the unified management of provincial people and property.When the time is ripe,the ultimate goal of jurisdictional reform is to transform the inter-administrative division court into a specialized administrative court.
Keywords/Search Tags:Inter-administrative division court, administrative case, jurisdiction
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