Study On The Reform Of Administrative Litigation Across Regions

"Difficult to file,difficult to judge,difficult to implement" is an urgent problem to be solved in administrative litigation in China.In order to get rid of the interference of administrative organs in administrative cases,eliminate the localization of administrative justice,and eliminate the dilemma of "trilitarianism",since 2000,people’s courts at all levels and throughout the country have carried out a series of pilot reforms of the trans-regional jurisdiction system of administrative litigation.The implementation of article 18,paragraph 2,of the new administrative procedure law in2014 provides a legal basis for the cross-regional jurisdiction reform of administrative litigation.Through the analysis of the documents,research reports,white papers and other materials released before and after the implementation of the new law,it is found that at present,the reform in different regions is mainly carried out in four modes: cross-jurisdiction,relatively centralized jurisdiction,promotion jurisdiction,and centralized jurisdiction of railway courts.The purpose of the reform is to solve the "trilemma" problem of administrative litigation,but due to the "uncertainty" of the reform,some new problems in the process of promoting the reform of administrative litigation cross-regional jurisdiction are also the focus of the reform of administrative system.In the process of reform,such problems as the lack of uniform standards in the reform court,the lack of judicial power in the jurisdiction reform court,the impact of the "two-prone principle",the intervention of administrative organs,etc.,keep emerging with the deepening of the reform.In view of these new problems,we should carry out measures to correct and solve the reform,such as standardizing the reform standard,strengthening the judicial power of the reform court,balancing the reform and the "two expedient principle",so as to consolidate the achievements of the reform and lead the following reform to develop in the right direction.At the same time,the existing reform mode not only can not completely avoid the interference ofadministrative organs in administrative cases,but also new forms of intervention have appeared in the reform process.Proposed in this paper can be combined with the Yangtze river delta integration development of national regional development strategy,with the existing different cross jurisdictional reform mode and relatively concentrated reform model as the foundation,through the original reform in provincial,regional scope limitation,explore and establish the inter-provincial domain new mode reform of administrative litigation jurisdiction of cross-regional,further enhance the independence of the administrative trial.