Research On The Issue Of Administrative Dismissal Of Prosecution Under The Background Of The Registration System

With the implementation of the newly revised Administrative Procedure Law of China on May 1,2015,the Registration System established by the law has completely replaced the original Filing Review System.This change has greatly reduced the threshold for the parties to file an administrative lawsuit with the court,making more and more administrative disputes enter the judicial relief channel,effectively solving one of the three difficulties of administrative litigation problem.However,along with the in-depth implementation of the registration system,there has also been a sharp increase in the proportion of administrative cases against which prosecutions have been dismissed.This not only makes administrative disputes unable to be dealt with in a timely and effective manner,but also causes a relative increase in the court's trial pressure,resulting in the waste of judicial resources.In addition,after the case was accepted,it was dismissed and prosecuted.It not only failed to solve the problem of “difficulties in filing a case”,but also caused the parties to be involved in the prologue of a meaningless administrative lawsuit.Therefore,in the context of the registration system,the proportion of administrative refusal to sue is too high,which has become a new problem that needs to be resolved in the current administrative trial development in China.Based on the case data in the China Judgment Document Network,this paper analyzes the cases since the third anniversary of the registration system on May 30,2015 to April 30,2018,based on statistics and classification.The problems existing in the application of the current administrative refusal of prosecution: the high rate of ruling,the different standards applicable to the court,the confusion of the referee,and the ineffective protection of the party's right to appeal.The main reasons are the excessive principle,lack of system and operability of the legislation on the conditions of prosecution;the difference between the judge's personal ability and the judicial concept;and the defects of the corresponding trial structure of the court.Especially in the early days of the registration system,some courts and judges did not have a correct interpretation of the exact meaning of the system.There are many misunderstandings in the application of the system.For example,in the case of filing a review system,the review of administrative cases by the filing court is mainly based on substantive examination,and the case where the case is dismissed after entering the litigation channel is less likely to occur.After the implementation of the registration system,some courts and judges often pay more attention to formal requirements and procedural matters in the examination of administrative cases.As a result,the number of cases rejected after entering the litigation channel has increased significantly.It can be seen that how to correctly understand and apply the registration system to establish the size of the valve entering the administrative proceedings is one of the key issues to solve the above problem.In order to get rid of the above difficulties,this paper introduces the review of the three-level structure theory,and uses it as a review perspective to reposition the prosecution mode of administrative litigation.To this end,under the premise of accurately grasping the requirements of prosecution elements,litigation requirements,the requirements of the case,and the interests of the lawsuit,while insisting on the smooth entry of the case registration,through clearing the conditions for prosecution,changing the mode of review and refereeing,and improving related supporting systems,etc.Initiatives,and then unified the referee scale and referee standards,effectively reduce the rate of administrative refusal of prosecution,in order to fully guarantee and standardize the parties to correctly exercise the right to appeal.