The Research Of The Reform Of Cross-regional Jurisdiction Of Administrative Litigation

Jurisdiction,as the starting point for litigation activities,is the prerequisite for the parties to exercise their right of action,and is also the basis for the court to exercise its jurisdiction.The establishment of jurisdiction has a great impact on the initiation,conduct and outcome of litigation activities,and is related to whether the litigation activities can be carried out normally and orderly,whether the litigants' rights of litigation can be properly protected,and whether fair trials in administrative cases can be achieved.A reasonable system of jurisdiction can not only balance the burden of the court and facilitate the parties to exercise their right of action,but also ensure the fair trial of lawsuits to the greatest extent and protect the legitimate rights and interests of counterpartiesIt has been more than five years since the cross-regional jurisdictional reform of administrative litigation has been fully launched.And the reform attempts to cut off the regional connection between the jurisdiction and the administrative area,and has explored and implemented many new jurisdiction models.As the scope of the reform expands,there are still some questions about the reform.Based on the review of legal norms and reform practices,the legitimacy and effectiveness of the reform are questionable.On the one hand,the reform is based on the provisions of Article 18,paragraph 2 of the Administrative Procedure Law,but the legal norms are vague and general,with hidden concerns about legality;the promotion of the reform has also impacted the legal jurisdiction system and the relationship between the People's Congress and the court.On the other hand,whether the reform can solve the problem of jurisdictional system is also questioned.Although the reform has certain effects,it is still difficult to solve the fundamental problems of the jurisdiction system.The implementation of the reform has also impacted the integrity and stability of the jurisdiction system.Issues such as the uneven distribution of judicial resources,the increase in litigation costs in the early stages of jurisdictional reform,and the difficulties in substantive resolution of disputes and lack of judgement standards in the later stages of the reform,are questioning the effectiveness of the reform.In summary,the reason for the above problems is the unclear positioning of the reform and the misalignment of the intended purpose and actual function of the reform.To further advance the reform,it is necessary to re-examine the legislative purpose and the reform purpose,based on practice,reflect on the problems in the reform,clarify the institutional positioning,construct a reasonable model of jurisdiction system.From the legislative level,it is possible to formulate legal or judicial interpretations,clarify the positioning of the system,solve the issue of legality,rationalize the relationship between the people's congress and the court,and further clarify the relationship between the cross-regional jurisdiction system and the legal jurisdiction system.From the aspect of system construction,it constructs the parties'choice of jurisdiction model,and perfects it from various aspects such as court selection,case scope,and notification of the right to choose.At the same time,explore the establishment of corresponding supporting mechanisms,including the reform of the evaluation system to promote the evaluation of the effectiveness of reforms;the linkage mechanism to promote the resolution of disputes;promote the reform of the provincial-level unified management of courts to avoid administrative interference.