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Study On The Cross-regional Jurisdiction System Of Administrative Litigation

Posted on:2021-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:K LangFull Text:PDF
GTID:2506306290971649Subject:Constitution and Administrative Law
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There have been many problems in administrative litigation in our country for a long time,and the reform of jurisdiction system is the breakthrough and important aspect to solve the predicament of administrative litigation in our country.Many courts have taken methods to reduce the local administrative authority’s improper intervention in the local court,so as to safeguard judicial independence and impartiality.The supreme people’s court has issued a series of judicial interpretations on the basis of the reform exploration in different regions to affirm and guide the reform practice and exploration in different regions.The new administrative litigation law of 2015 added the provisions of article 18(2),which finally stipulated the reform of administrative litigation cross-regional jurisdiction at the legal level.At present,the reform covers the eastern,central and western regions,and local courts have both similarities and differences in specific models,cases,institutions and personnel changes.On one hand,the reform has obtained the good results,accumulated a lot of experience,strongly promote the improvement of the quality of administrative trial work,on the other hand,in the practice process also found some common problems and difficulties,so we need to further improve the system of administrative litigation jurisdiction of cross-regional reformation.Therefore,we need to explore the cross-regional jurisdiction system of administrative litigation and put forward the corresponding improvement measures,so as to provide a basis for the further development and improvement of administrative litigation jurisdiction system in the future.In order to demonstrate the theme of the paper,this paper use literature analysis,normative research and empirical research.This paper includes three parts.The first part includes the connotation and mode of administrative litigation cross-regional jurisdiction,the connotation,characteristics and theoretical basis of administrative litigation cross-regional jurisdiction,the causes and process of the system,as well as the mode of administrative litigation cross-regional jurisdiction.The second part through the comparison and analysis of the relevant data,summarizes the good results and the problems under the jurisdiction of administrative litigation across regions,including lack of unified and standard,the inappropriate of its method and positioning system,the increase of litigation costs,the lack of the option procedure,and the lack of reform supporting coordination mechanism.The third part puts forward the countermeasures of the problems existing in the administrative litigation jurisdiction of cross-regional.To set a unified model and standard of the cross-regional jurisdiction,we need to compare the four basic modes and suggest to choice the relatively concentrated mode,and concentrate the cases by their types,and set the basic principles of administrative litigation jurisdiction of cross-regional;To clarify the institutional orientation and the method of the cross-regional jurisdiction,we need to define the cross-regional jurisdiction in an independent article,and clarify the method of jurisdiction and add some relevant legal interpretations;To deal with the increasing costs in cross-regional jurisdiction,we need to clarify the optimal relationship between judicial justice and litigation costs,and try to reduce the costs by using entrusted procedures and internet technologies;And set the procedure of choice on jurisdiction for the parties in litigation,improve the relevant mechanisms so as to provide countermeasures and suggestions for the further improvement of cross-regional jurisdiction system.
Keywords/Search Tags:Administrative litigation, cross-regional jurisdiction, centralized jurisdiction, perfect
PDF Full Text Request
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