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Research On The Cross Regional Jurisdiction System Of Administrative Litigation

Posted on:2024-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:J Y XieFull Text:PDF
GTID:2556307295457464Subject:Constitution and Administrative Law
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The reform of the administrative litigation jurisdiction system is the key link of the reform of the administrative trial system.In order to make the administrative cases get a fair trial,the exploration of the administrative litigation jurisdiction system has never stopped.From the initial application of the civil litigation jurisdiction system,to the initial establishment of the administrative litigation jurisdiction system,and then to the exploration of the reform of the administrative litigation jurisdiction system,and the implementation of the cross-regional jurisdiction system reform across the country,the administrative litigation jurisdiction system has experienced the development from scratch,from immature to mature.At present,the system draws the blueprint at the central level since the level of the legal norms,the Administrative Procedure Law amended in 2014 provides a legal basis for the cross-regional jurisdiction system of administrative litigation.At the practical level,the modes of promotion jurisdiction,remote cross jurisdiction and relatively centralized jurisdiction have accumulated rich experience for the cross-regional jurisdiction of administrative litigation.By sorting out the normative and practical status of the cross-regional jurisdiction system of administrative litigation,it is found that there are still some practical difficulties in the cross-regional jurisdiction system of administrative litigation.Specifically: First,the cross-regional jurisdiction system lacks unified applicable standards.Second,it is much more difficult to resolve the cases substantially.Third,litigation costs have increased significantly.Fourth,the cross-administrative division court jurisdiction system system is not perfect.Through analyzing the practical difficulties and causes of administrative litigation cross-regional jurisdiction system,it can be concluded that: in general,the reform of administrative litigation cross-regional jurisdiction system needs to be promoted systematically,and should be synchronized with the reform of cross-administrative courts.To be specific: Firstly,it is necessary to reach a consensus on the trans-regional jurisdiction system and unify the standards of the trans-regional jurisdiction system.Secondly,improve the relevant laws to meet the needs of practice,at the level of norms to give the plaintiff jurisdiction to choose.Thirdly,improve the supporting system of cross-regional jurisdiction.Fourthly,establish the accurate positioning of cross-administrative division courts,add cross-administrative division courts when the pilot is mature,and establish a unified cross-administrative division court jurisdiction system.
Keywords/Search Tags:Administrative Litigation, Cross Regional Jurisdiction, Cross Administrative District Court
PDF Full Text Request
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