On China's Administrative Litigation Registration System

The "Decision of the Central Committee of the Communist Party of China on Several Major Issues in Promoting the Rule of Law in an All-round Way" adopted by the Fourth Plenary Session of the Eighteenth Central Committee pointed out that in order to protect the litigation rights of the parties,the filing system changed from a review system to a registration system,enabling the court to "Let's justify." Administration according to law is an important aspect in the process of comprehensively governing the country according to law,and a perfect administrative litigation system can play a supervisory role in the administrative organs performing their duties according to law.With the development of economy and society,the contradiction between people's longing for a better life and insufficient judicial resources has become increasingly prominent.This contradiction is reflected in the difficulty of filing a case in administrative litigation.The difficulty of filing a case is a stubborn illness in administrative litigation and a major problem in the process of rule of law in my country.In order to solve the problem of difficulty in filing a case,the Fourth Plenary Session of the Eighteenth Central Committee held in October 2014 put forward the requirement of "reform the court case acceptance system and change the case review system to the case registration system".The Administrative Procedure Law of the Republic establishes a system for registering administrative litigation.The establishment of the administrative litigation registration system has played a certain effective role in alleviating the difficulty of filing a case,and has accelerated the process of the rule of law to some extent.After a period of implementation,the administrative litigation registration system has revealed many deficiencies in legal practice.Therefore,the system needs further improvement.The creation and development of a system are all to comply with the development of a society ruled by law.In the process of comprehensively governing the country according to law,judicial reform is a huge and systematic project,and the administrative litigation registration system is part of the reform.This provides a good foundation for deepening the reform of the administrative system,transforming government functions,and building a government ruled by law.It is also an important measure to guarantee the right to litigationand the rule of law.In order to improve the difficult situation of administrative litigation,protect the litigation rights of the parties,improve the judicial credibility,and further improve the administrative litigation registration system.The thesis first introduces the administrative litigation registration system,outlines its connotation,and then reveals the implementation value of the system;secondly,it explains the positive effects of the system implementation: it eases the difficulty of filing,strengthens the guarantee of litigation rights,and reduces the litigation of the parties Tiredness;Negative effects: obvious indiscriminate actions,large number of cases received by the court,etc.,and then found problems with the system:inaccurate grasp of filing standards,blurring of the working line between the filing court and the administrative business court,and the substantive effect of maintaining civil rights is not obvious;Re-analyzed the relevant provisions of the foreign and British legal systems and the civil law system on the case registration system,and sorted out the places that China can learn from;finally proposed the reconstruction of the administrative litigation registration system,including the following five aspects: clear administrative The scope and standards of review of litigation conditions;optimization of the filing and trial work;establishment of a filing supervision mechanism;improvement of disciplinary action and disciplinary mechanisms;and enhancement of the effectiveness of judicial organs in supervising administrative power.