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Empirical Investigation And Research On The Tracking Of The Effect Of Centralized Jurisdiction In Administrative Cases

Posted on:2021-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y LongFull Text:PDF
GTID:2416330614453975Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the geographical jurisdiction in China that does not take into account the particularity of administrative litigation,administrative trials are interfered,the jurisdiction of administrative cases is low,and administrative trials are not independent.In order to resolve related issues,the Supreme People's Court issued the "Regarding the Relative Centralized Jurisdiction of Administrative Cases" The Notice on Pilot Work(Fa [2013] No.3,hereinafter referred to as the "Notice")requires that a relatively centralized jurisdiction system for administrative cases be piloted across the country to solve the above problems.During the pilot process,although local courts have different specific implementation methods,the results of the pilots vary from place to place,but as the pilot progresses in depth,the system has exposed the existence of administrative intervention,ineffective court coordination mechanisms,and increased litigation costs.Some common problems.Follow up and investigate the pilot work of the system and analyze the problems in the implementation of the system,and put forward suggestions to improve the relatively centralized jurisdiction system of administrative cases,which plays an important role in promoting the reform of my country's administrative litigation system.Through the investigation of the current situation of the trial implementation of the relative centralized jurisdiction system of administrative cases in the district courts of L City,the results of the trial implementation such as increased credibility,timely trial of cases,uniform judgment standards,and certain degree of protection of the independence of trials have also been analyzed.In the trial of centralized jurisdiction of administrative cases,the difficulty of implementing court organization,guarantees,and related coordination mechanisms,the intervention of non-judicial interference factors,the blanking of complaints and visits,and the high litigation costs under the current system,are based on these issues.Coordinate and cooperate with the courts of non-centralized jurisdiction,implement the principle of convenience for the people,improve the letter and visit mechanism,and establish a special protection mechanism for personnel and funds.And the future prospect of the relatively centralized jurisdiction system for administrative cases: the establishment of administrative specialized courts.
Keywords/Search Tags:administrative litigation, relatively centralized jurisdiction, administrative intervention, administrative specialized courts
PDF Full Text Request
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