Research On The Jurisdiction Of Administrative Litigation Cases Across Administrative Divisions

The administrative litigation system is the last“line of defense" to safeguard the legitimate rights and interests of the administrative parties and safeguard the fairness and justice.However,in the long-term judicial practice,due to the restriction of the traditional jurisdiction mode,the judicial power is more or less influenced by the administrative power,which leads to the poor public credibility of the administrative trial,and increases the litigation burden of the parties concerned,and even brought certain hidden risks to the stability of society.In order to overcome the drawbacks of the traditional jurisdiction mode of administrative litigation,the Supreme People's Court and local peopled courts at different levels have carried out the reforms of the jurisdiction mode characterized by the cross jurisdiction,the relative centralized jurisdiction and the promotion jurisdiction and so on.These measures have achieved certain results,but there are also some corresponding weak points.The Article 18,Section 2 of the“Administrative Litigation Law of the People,s Republic of China,,which was implemented on May 1st,2015,stipulates that,"with the approval of the Supreme People's Court,a Higher People's Court may determine several people's courts that have jurisdiction over administrative cases across administrative regions according to the situations of trials."This is a clear legal basis of the administrative litigation with jurisdiction system across administrative regions.Since then,as the Party Central Committee and the State Council set the clear policies that would be based on the framework of the Railway Transport Court and the reform direction of administering administrative litigation cases across administrative regions,some Higher Peopled Courts combine the actual situation and makes full use of the judicial resources of the two levels of the reorganized Railway Transport Courts.Approved by the Supreme Peopled Court,these Railway Transport Courts hear the administrative litigation cases across administrative regions,The Xuzhou Railway Transport Court is the embodiment of this reform.Through this reform,the intervention of local administrative power in the jurisdiction of the grass-roots peopled court has been effectively prevented.The neutrality and impartiality of the administrative trial have been greatly improved,and the transformation and upgrading of the Railway Transport Courts have been promoted.But there are also some shortcomings in the actual operation.Through the sample analysis that Xuzhou Railway Transport Court hears the administrative litigation cases across administrative regions,and in view of the problems found in the judicial practice,combining with the research on the Railway Transport Courts and the administrative litigation cases heard across administrative regions,putting forward my own views and suggestions on the reform of establishing the administrative court system across administrative regions with the framework of the Railway Transport Courts to hear administrative litigation eases.Then presents the ideas to enrich and implement the convenient litigation measures,strengthen and improve the judicial team,and perfect the judicial safeguard mechanism.