An Empirical Analysis Of The Jurisdiction System Of Administrative Litigation

A good administrative litigation system is the cornerstone for establishing a national governance system and promoting the modernization of state governance capabilities.This system plays an important role in promoting the construction of the rule of law in the government,resolving administrative disputes,and maintaining close relations between the government and the people.The principle of general geographical jurisdiction in administrative litigation can be expressed as ‘the plaintiff is the defendant'.In practice,the advantage of this system is that it can make full use of the local judicial resources and strive to resolve the contradictions at the grassroots level.However,in the long-term implementation,it caused a fierce conflict.The most direct consequence was that the local court tried the case of the administrative organ in the same administrative area as the defendant.However,because the local government controlled the financial operation of the local court,the administrative organ avoided losing the lawsuit,exerting pressure on the court in practice,and indirect intervention in court trials have appeared in large numbers,leading to problems of judicial administration and localization.In order to effectively deal with such problems,China's practice circles have successively carried out a number of systems to explore,such as the level of jurisdiction,cross-disciplinary jurisdiction and relatively centralized jurisdiction,etc.,these systems have achieved certain results.It is worth mentioning that the Administrative Procedure Law refers to the Administrative Procedure Law of the People's Republic of China,which was passed by the Standing Committee of the National People's Congress on November 1,2014 and was implemented on May 1,2015.The administrative division of administrative litigation stipulated in Article 18,paragraph 2,is also one of many explorations,but in essence the provision is only a principled provision,and the abstract expression of this legislation is likely to lead to confusion in judicial practice.Therefore,this paper aims to further clarify the legal connotation of the system by combing the relevant domestic laws and combining specific legal provisions,and propose solutions and measures in a targeted manner,which will benefit the reform of the administrative litigation system at this stage.