Study On Cross-regional Jurisdiction Of Administrative Litigation

In China,the administrative litigation jurisdiction system is mainly based on the principle of "the plaintiff to the defendant".That is,basically,administrative petition cases are in jurisdiction of the courts where the defendant is located.However,due to the long-term problems of administrative intervention and local protection in the grass-roots courts,administrative disputes can not be resolved legally.And also,the legal rights of the people can not be protected effectively,which breaches the purpose of dispute resolution in administrative action.In order to solve this problem,China has begun to explore the cross-territorial jurisdiction system of administrative action,hoping to take it as a breakthrough to promote the separation between judicial system and administrative division.In this way,to get rid of local interference in judicial adjudication,achieve judicial justice,ensure the fairness and impartiality of administrative action,and defend the legal rights of the interested parties.At present,there are many reforms experimentation in cross-territorial jurisdiction of administrative appeal in China,and the reform modes are different.There are some problems in the reform,such as the breakdown in the legal system,the fragmentation of the pilot reform,and the increase of litigation costs.Those difficulty makes the reform of cross-territorial jurisdiction of administrative litigation reaches a bottleneck at this stage.Therefore,the author study the cross-territorial jurisdiction of administrative litigation,so as to help to improve the cross-territorial jurisdiction system of administrative litigation.This paper contains three parts.The first part starts with the background and necessity of the cross-territorial jurisdiction system of administrative action.And then introduces the overview on development of cross-territorial jurisdiction of administrative action.Next,generalizes and defines four types of jurisdiction modes widely used in the reform.The cross-territorial jurisdiction modes,the relatively-centralized jurisdiction mode,the push-and-grind jurisdiction mode and the railway transport court jurisdiction mode.The second part compares the advantages and disadvantages of those four jurisdiction modes and concludes the common problems in the cross-territorial jurisdiction of administrative litigation.Which is based on the analysis of Ningbo's cross-territorial mode,Lishui's relatively-centralized jurisdiction mode,Henan's push-and-grind jurisdiction mode and railway transport court jurisdiction mode in Shanghai and Lanzhou.The main content of the third part is to put forward suggestions to improve the cross-territorial jurisdiction system of administrative action from four aspects:optimizing the design of cross-territorial jurisdiction system,amplifying the legal structure of cross-territorial jurisdiction,promoting the improvement of remedial measures and establishing the safeguard mechanism of cross-territorial jurisdiction.