Study On Cross-regional Centralized Jurisdiction System For Administrative Cases

In order to solve the problem of localization and administrativeization of judicial power,in 2013,the Supreme People’s Court issued the Notice on the Pilot Work of Relative Centralized Jurisdiction of Administrative Cases,which kicked off the model of centralized jurisdiction of administrative cases in China.In 2017,based on the experience of several years of cross-regional centralized jurisdiction of administrative cases,the first review draft of the revised Organic Law of the People’s Courts of the People’s Republic of China.However,some NPC deputies said that the reform program of the people’s courts across administrative regions has not yet been introduced,and theoretical preparation and practical experience are not yet sufficient,so it is recommended that the provisions be made when the conditions are ripe.Accordingly,the second review draft of the revised draft deleted the relevant provisions.Since then,as a transition and preparation towards the strategic goal of building a new type of cross-administrative court in the future,the reform of cross-regional centralized jurisdiction of administrative cases has been further vigorously promoted in judicial practice in an attempt to solve the problem of local interference in the adjudication of administrative cases in China at present.In 2019,the Supreme People’s Court issued the "Opinions of the Supreme People’s Court on Deepening the Comprehensive Reform of the Judicial System of the People’s Courts-Outline of the Fifth Five-Year Reform of the People’s Courts(2019-2023)"(hereinafter referred to as the "Fifth Five-Year Reform Outline "),which proposes to deepen the reform of the judicial jurisdiction system that is appropriately separated from administrative divisions.Undeniably,the previous exploration and practice has achieved positive results,but there are also shortcomings.As the reform progresses,some new issues that emerge in the process of promoting centralized jurisdiction of administrative cases across regions have also become the focus of research on judicial system reform.This paper starts from the power allocation basis of the cross-regional centralized jurisdiction system for administrative cases,combines the operation of the relevant domestic system in judicial practice,makes a typological analysis of several major models,and summarizes the common problems existing in several models at present,namely,the lack of uniform standards for the determination and jurisdiction of the competent court,imperfect supporting mechanisms,high trial pressure,and the emergence of new forms of administrative intervention,which fetter the The reform process of administrative litigation jurisdiction system at this stage.At this stage,the basic national conditions of our country should be integrated,and the reform and innovation of the cross-regional centralized management of criminal cases should be placed in the macroeconomic framework of the overall departmental reform,clear cross-regional jurisdiction of the court selection criteria and case jurisdiction,collaborate to promote comprehensive supporting reform,at the same time,optimize administrative trial resources.Finally,the future of the relatively centralized jurisdiction system for administrative cases is envisioned the establishment of a cross-administrative court system.