Research On The Registration System Of Administrative Litigation

In accordance with the requirements of the Decision of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China(hereinafter referred to as the Decision),the Administrative Procedure Law,which came into effect in 2015,stipulates the registration system for filing cases.The registration system for filing a case is expressed in the theory and legislation of administrative litigation in our country as the system of prosecution and acceptance.The registration system is the key system to decide whether administrative disputes can enter the court and be converted into administrative cases.Therefore,it is of great significance for the development of administrative litigation.The registration system of administrative litigation refers to that when the people's court examines the litigation materials submitted by the parties,it registers the cases that meet the conditions for prosecution and tries to put them on the spot.Therefore,the "registration" here is not equal to "filing a case".Registration may mean filing a case or simply registering the litigant's action.Our country's filing registration system is different from the foreign "complaint registration system".Our country's filing registration system is based on the statutory prosecution conditions,and carries on the limited substantive examination to the litigant's prosecution,while the foreign "complaint registration system" only examines the complaint.The registration system differs greatly from the previous one in terms of prosecution conditions,examination standards,filing procedures and supervision system.The main manifestations are that the prosecution conditions are clearer and more specific;the examination standards are more relaxed;the filing procedures are faster and simpler;and the supervision system is stricter and more operable.The difficulty of filing a case in judicial practice is the direct factor to promote the establishment of the registration system,and the greater driving force is the further implementation of the policy of governing the country by law and judicial reform.Since the implementation of the registration system on May 1,2015,it has achieved remarkable results in solving the problem of "difficulty in filing a case".The main manifestations are as follows:the number of cases received in the first instance of administrative litigation has increased dramatically,reaching twice the number before the implementation of the system;the rate of filing cases on the spot has increased to more than 95%;the number of cases withdrawn by the plaintiff has decreased,the rate of winning by the plaintiff has increased;the total number of letters and visits has decreased,and more administrative disputes have been brought into the proceedings.The implementation of this system makes the parties' filing more convenient and fast,alleviates the difficulty of filing eases to a great extent,guarantees the exercise of litigation rights of the parties,and also provides a channel for some new types of cases to enter the court.In the case of good overall operation of the registration system for filing cases,diere are also some minor problems,such as inconsistent standards of examination for filing cases enforced by local courts,the situation of non-adjudication still exists in very few courts,and the emergence of abuse of administrative litigation rights,etc.At the same time,there are also some problems in the registration system itself,such as the "prosecution conditions" under the system of filing review,the ambiguity of the scope of the "prosecution conditions",the ambiguity of the criteria for filing review,the absence of the substantive judgment requirements system,and the insufficient specificity of the supervision system for filing cases.As a new system,the registration system of administrative litigation filing needs to be improved and perfected in its operation.When perfecting its own system design and supporting mechanism,we can refer to similar administrative litigation filing system in Britain,the United States,Germany,Japan and other countries,such as clearly distinguishing between "prosecution elements" and "litigation elements";the examination stage of filing a case only takes shape.It also includes detailed regulations on the supervision of filing cases,reasonable regulation of abuse of litigation in the field of administrative litigation,guidance of honest litigation of parties,improvement of the prescription of the scope of acceptance of administrative litigation,and continuing to expand the scope of acceptance of administrative litigation.At the same time,we should optimize the implementation environment of the system,such as strengthening the power of administrative trial to cope with the increase in the number of cases.I believe that with the improvement of the registration system,the problem of Mdifficult to file cases" in administrative litigation will be thoroughly solved.