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Research On The Reform Of Cross-regional Centralized Jurisdiction System Of Administrative Litigation

Posted on:2020-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330578957881Subject:Law
Abstract/Summary:PDF Full Text Request
In order to get rid of the interference of local administration on the judiciary,improve the independence and credibility of the judiciary,and ensure the impartial and independent exercise of judicial power,at the same time,in order to improve the judicial environment and optimize judicial resources,the national courts have been actively exploring the cross-regional centralized jurisdiction system of administrative litigation in recent years.The initial pilot reform has achieved outstanding results,but there are still some problems,and many places need to be improved.Therefore,the author has conducted a perfect research on the problems existing in the cross-regional centralized jurisdiction system of administrative litigation in China through empirical analysis and literature research.Through the detailed description of the two cross-regional centralized jurisdiction modes carried out in Guangxi,namely,the relative centralized jurisdiction mode and the cross-regional centralized jurisdiction mode based on railway transportation courts,the article makes it clear that good results have been achieved in the pilot process of the reform of the cross-regional centralized jurisdiction system,which to a certain extent hinders the interference of administrative organs in judicial trials,enhances the independence and impartiality of trials,improves the quality of trials,and enables judicial power to better supervise administrative power.At the same time,there are many problems in the process of the pilot reform,such as the serious contradiction between a large number of cases and a small number of cases in the relatively centralized jurisdiction mode,the vague name and positioning of the railway court in the trans-regional centralized jurisdiction mode of the railway transportation court,and the substantial increase in litigation costs.Through analyzing the reasons for these problems,it is found that the two reform modes still cannot completely prevent the interference of administration in judicial trials and there are conflicts between judicial justice and judicial efficiency in the reform.Combined with the system design concept of cross-regional centralized jurisdiction of administrative litigation in our country,this paper explains that the reform of cross-regional centralized jurisdiction system should follow the principles of purposiveness,judicial independence and facilitation of litigant litigation,and puts forward the necessity of establishing cross-regional administrative courts.From the four aspects of further promoting the reform pilot scope,strengthening the construction of administrative trial teams,improving convenience measures and improving supporting coordination measures,this paper puts forward short-term improvement suggestions for the cross-regional centralized jurisdiction of administrative litigation,analyzes the problems existing in the development of the long-term system transformation and the establishment of a cross-administrative district court system with Chinese characteristics,and gives specific improvement suggestions.
Keywords/Search Tags:cross-regional centralized jurisdiction, judicial independence, railway transport court, cross-administrative divisional court
PDF Full Text Request
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