On The Perfection Of Centralized Jurisdiction System For Administrative Cases Across Administrative Divisions

The Third Plenary Session of the 18 th CPC Central Committee proposed to establish a judicial system that is properly separated from the administrative divisions;the Fourth Plenary Session of the 18 th CPC Central Committee proposed to establish a people’s court across administrative divisions to handle cross-regional cases.On this background,the centralized administrative system of administrative cases across administrative divisions came into being.The centralized administrative cases across administrative divisions broke the overlap between jurisdictions and administrative areas,reduced the court’s dependence on the place,and eliminated the parties’ Ideological concerns,so that the ways for the masses to resolve administrative disputes through litigation can be more convenient,thereby enhancing the credibility of the judiciary and promoting the construction of the rule of law government through judicial supervision.Since the launch of the pilot reform,the “difficulty of filing”,“difficulties in trial” and “difficulties in implementation”,which once plagued the administrative litigation,have been effectively resolved,and the judicial credibility of cross-administrative district courts has been effectively improved.However,during the process,the realistic obstacle existed.It is very important to find a solution to improve the centralized jurisdiction system of administrative cases across the administrative divisions by carefully summarizing the results of domestic practice and on the basis of systematically comparing the experience of foreign institutions.This article did thinking and demonstration from the following three parts:Part one,An overview of administrative cases across administrative divisions.This paper briefly introduces the system of cross-administrative jurisdiction,analyzes the significance and characteristics of its establishment,and expounds the basis of cross-administrative jurisdiction system of administrative cases in China.Part two,The present situation and problems in the operation of cross-administrative jurisdiction system of administrative cases.Taking the actual situation of trial of administrative cases across administrative divisions in the courts of two levels of L railway transportation as an example,this paper summarizes the present situation of the jurisdiction system of cross-administrative divisions,puts forward various problems in operation,and makes a brief analysis of the causes of the problems.Part three,Countermeasures and suggestions for the future development of the jurisdiction system of cross-administrative division.This paper mainly puts forward some countermeasures and suggestions on the problem,including how to solve the problem of difficult evidence in trial,the stability of complaint and petition,how to reduce judicial cost and realize judicial convenience,how to deal with new forms of local protectionism,and how to provide opinions and suggestions on the instability of trial team and the effectiveness of adjudication.