| In November 2014,the Standing Committee of the National People’s Congress issued a newly amended Administrative Procedure Law,which is the first amendment since the Administrative Procedure Law of 1990 came into effect in 24 years.After the implementation of the new law,it has aroused widespread concern in the academic community and the news media,with more than a dozen highlights being revised.It has attracted much attention that this amendment has established the administrative litigation case-filing registration system.Article 51 of the new law stipulates that: "When a people’s court receives an indictment and meets the requirements of this law,it shall register it for registration." It is marks the formal transformation of China’s administrative litigation case-filing review system to the case-filing registration system.As the primary link of the judicial procedure,filing a case is directly related to the protection and opening of the citizen’s right to sue.Only when the link of filing a case is given fairness and reasonableness,can the administrative litigation system be widely recognized by the society.This will enable citizens to actively use legal weapons to safeguard their legitimate rights and interests,rather than through letters and visits.Therefore,the implementation of the case-filing registration system can effectively solve China’s long-standing problem of "letters and visits do not believe the law",so that more disputes can be brought into the orbit of the rule of law and effectively resolved through litigation.The establishment of the registration system for administrative litigation also marks a change in the concept of legislation.The threshold for entry has been relaxed,allowing more cases to enter the court threshold,thereby truly fulfilling the purpose of Article 1 of the General Regulations.It is not only a requirement of legislation,but also the fundamental starting point of the registration system for administrative proceedings.It has been nearly five years since the case-filing registration system of administrative litigation was put into effect in May 2015,and has achieved quite amazing results during this period.According to the judicial statistics released by the Supreme People’s Court in recent years,it can be known that the total number of first-instance administrative cases received in 2018 was 256,656,230,432 in 2017,225,485 in 2016,220,398 in 2015.However,there were only 141,880 cases in the year of 2014.It can be seen that the number of cases registered has been increasing since the implementation of the case-filing registration system,especially the sharp increase in 2015.While achieving significant results,we also have to face some new problems.First,the rapid increase in court cases coincides with the reform of the quota system for legal officials.How to resolve the contradiction of "many cases but few people" has become a more difficult issue at the current stage.In addition,whether the high workload of the courts will affect the quality of the case is also a question we should consider.Furthermore,in the case where remote filing is widely respected by various courts,some problems in cross-domain filing and remote jurisdiction filing need to be resolved as well.As for whether the threshold for litigation will be reduced,will there be problems such as "risk of prosecution" and "explosion of litigation" ? I also responded to it.Regarding the case-filing registration system itself,there are also system defects.The first is the issue of the prosecution conditions and review standards.Generally speaking,the review of the case is based on the conditions of the prosecution.However,China’s provisions on prosecution conditions for case registration are not reasonable,and even include the elements of the lawsuit and the elements of the case,which will inevitably involve substantive examination.And the lack of unified review standards leads to different review standards in different courts.Moreover,the setting of such prosecution conditions itself has a high-level problem,and the parties still face the requirements of the conditions under the review system when filing a case.In addition,China’s laws do not stipulate specific implementation rules for the case-filing registration system,which brings operational problems in judicial practice.As for the lack of system protection and punishment mechanism,it cannot effectively protect the legitimate rights and interests of the infringed parties.The writing of this article is based on the above issues. |
