Research On The Increase In The Rate Of Dismissal Of Administrative Lawsuits Under The Case-filing Registration System

Since the implementation of the registration system,the number of administrative cases has risen significantly,and the problem of "difficulties in filing" has been alleviated.But what followed was the rapid increase in the number of administrative dismissed prosecutions and the increase in the rate of administrative dismissal of prosecutions.This not only failed to truly solve the problem of citizens' judicial remedies,but wasted judicial resources and increased the litigation burden of litigants.Therefore,under the background of the registration system,the increasing rate of administrative litigation dismissed and prosecuted has become a new problem that needs to be solved urgently in administrative trial practice.This article uses the People's Court Judgment Network as a case collection medium,and summarizes and analyzes the cases that were ruled to dismiss the prosecution from May 1,2015 to December 31,2020,according to the different reasons for the court's dismissal of the prosecution,and combined theories to summarize it There are three main reasons for the increase in the rejection rate of administrative litigation: First,the conditions of administrative litigation are not clear,and the scope of acceptance is vague.Whether many cases belong to the scope of acceptance is controversial.For such cases,the courts,in order to improve efficiency,more inclined to dismiss the prosecution.The second is the limitation of the court's administrative trial thinking.First,based on the misunderstanding of the registration system,many courts believe that all cases should be accepted,which led to many cases that did not meet the requirements for prosecution.Due to the special nature of administrative litigation,in practice,judges are indifferent to the protection of the plaintiff's right of litigation.The third is that the plaintiff has limited litigation ability.Even if his rights are violated,he will often be dismissed for prosecution because of the wrong administrative act,the wrong defendant,and insufficient evidence.In order to get rid of the above-mentioned dilemma,this article puts forward a three-point solution to the increase in the rate of administrative litigation rejection under the registration system based on practice.The first is to improve the administrative litigation system,clarify the scope of administrative litigation,and establish a three-level structure of litigation review.The second is to standardize the trial mechanism of the courts,change the judge's ruling thinking and methods,and correctly grasp the connotation of the registration system.The third is to improve the protection measures for the right of original complaint in administrative litigation,appropriately introduce the system of "compulsory representation" in administrative cases,and strengthen the interpretive and guiding role of judges and the duty of instructing administrative agencies to teach the right of litigation.