Research On The Reform Of Cross-divisional Court Jurisdiction In Administrative Litigation

As one of the three major lawsuits,administrative litigation is an important means to protect the legitimate rights and interests of citizens from the infringement of public power,and an important measure to supervise the government administration according to law.But for a long time,because of the unreasonable design of the jurisdiction system,the administrative litigation in our country has not played the expected role and has not received the effect preset by the legislators.The unreasonable design of the jurisdiction system results in the characteristics of localization and administration in the cases where the local government is the defendant tried by the local court,which deviates from the road of the construction of the rule of law and damages the judicial fairness and judicial credibility.The existence of these problems is the practical reason that administrative litigation jurisdiction must be reformed.Therefore,since the beginning of this century,various places have begun to explore and pilot different jurisdiction modes such as promoted jurisdiction,cross-jurisdiction in different places and centralized jurisdiction,and also the birth of "Taizhou mode","Lishui mode","Jining mode" and other reform achievements.However,what can not be ignored is that these pilots are all narrow in scope and insufficient in depth.Moreover,with the passage of time,the dividend of reform will disappear and it is difficult to form a system.Therefore,these pilots can only be a transitional model for the deepening of follow-up reform.After the third and fourth plenary session of the 18 th,based on the centralized jurisdiction,the jurisdiction of the long-distance experience across districts under the jurisdiction of the court mode has been on the agenda,various policy documents and legal norms continue to follow up,the new "administrative procedural law" the second paragraph of article 18 of the given the direction of the reform,has provided a legal basis for the reform of across the district court.In practice,the central government took advantage of the existing but increasingly disoriented railway transport courts to carry out the preliminary pilot,and successively set up the Beijing No.4 Intermediate People's Court and Shanghai No.3 Intermediate People's Court to conduct jurisdiction as cross-district courts.Subsequently,railway transport courts throughout the country have carried out different degrees of administrative litigation jurisdiction pilot work,and achieved good results in reform.In Jiangsu province as an example,after the pilot Xuzhou and Nanjing railway transportation court,in more than four years,the administrative organ after losing the first rose steadily,the compliance rates continue to remain high,administrative leader to appear in court litigation rate also greatly ascend,embodies the administrative organs of awareness of the rule of law,administrative litigation has also made progress on resolving administrative disputes.Similar to centralized jurisdiction and remote jurisdiction,the current cross-district jurisdiction is also difficult to be institutionalized,showing the characteristics of fuzzy ownership and fragmentation.However,different from centralized jurisdiction and remote jurisdiction,both the existing practical experience and the judicial practice outside the region have proved that cross-district court is a way to go further and further.Therefore,the problems exposed at present should be solved by combining the shortterm and long-term methods in the future.In the close view,the scope and standard of jurisdiction of cross-district courts are clarified through clear legislation and complementary systems,and the cooperation mechanism of various organs is clarified.The parties are given jurisdiction right,thus forming a relatively clear and feasible overall and systematic administrative litigation jurisdiction system initially.The longterm plan is to explore a more professional administrative litigation trial mode based on the jurisdiction model of cross-regional courts,and construct a perfect cross-regional court trial level system,so as to realize the litigation pattern of "ordinary cases are tried in the courts of administrative divisions,and special cases are tried in the courts of cross-regional divisions" proposed by General Secretary Xi Jinping.It is hoped that this paper can carry on the heat of the research on the jurisdiction of cross-regional courts and produce a little enlightenment on the construction of the jurisdiction system of cross-regional courts and even the construction of the cross-regional court system of administrative cases in the future.