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Administrative proceedings in different places under the jurisdiction of the Research

Author: LiShaoYu
Tutor: MaHuaiDe
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: In different places under the jurisdiction of Under the jurisdiction of the principle of Administrative intervention Reform Administrative Judicial System Judge system
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 175
Quote: 1
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Abstract

20 years since the 1989 Administrative Procedure Law by the judiciary and the community have high hopes for this system and hope that it will play the system due role in the protection of the rights of the people and to resolve administrative disputes. However, compared to a lot of administrative disputes, administrative proceedings of the advanced countries in contrast to extra-territorial, accommodating a population of 1.3 billion the country each year wandering the fact that enough food for thought in 100,000 administrative litigation. The same time, low in favor of the plaintiff, the high withdrawal rate and the rising rate of the appeal it is stated that there is no fundamental institutional reform and breakthrough administrative proceedings may be reduced to the minority Zhizhu defeated history, while the will not be the designer of the system envisaged by safeguarding the legitimate rights of the people's channel. Along with the academic and practice the original administrative proceedings under the jurisdiction of the model is more and more questioned, and localization of Justice, the administration of justice brought serious administrative intervention, administrative litigation system under the current system almost difficult to for the Following. In the substantive areas in July 2002, Taizhou, Zhejiang Province, in the hospital start in case of lack of basis for the different overlapping jurisdiction of the reform of the administrative litigation cases. In different places under the jurisdiction of a designated jurisdiction jurisdictional system is based on flexibility in the use of a designated jurisdiction and jurisdiction over the transfer provisions, the traditional \After a judicial trial, investigations and studies, and demonstration research, since the provisions on administrative cases under the jurisdiction of a number of issues published since January 14 this year, the Supreme People's Court, This jurisdictional model as a formal administrative litigation system across the country. Taizhou Intermediate People's Court, research reports and limited data analysis shows that, in different places under the jurisdiction of at least the following three aspects will help to improve the current dilemma facing administrative proceedings: First, to some extent solve the difficult problem of administrative proceedings' reduced the 'aspects of administrative intervention;, in the administrative trial reduced the direct administrative intervention, to some extent reduce the pressure of the primary judges of the Court; Third, the rational allocation of resources of the administrative trial, to maintain the stability of administrative adjudication team . It should be said that the role of these three areas is the impact in different places under the jurisdiction of the mode effectively, even from the perspective of theoretical studies can also conclude that part. However, for off-site under the jurisdiction of challenge also exists. First, this is contrary to the jurisdiction of the principle mode of general jurisdiction principle of administrative litigation system and its basic functions, the impact on the value of select, such as may result in further loss of local judicial authority, coordinate and solve the obstacles, and may further compressed living space in the local administrative system of the judiciary; Secondly, the question in different places under the jurisdiction of the necessary environment, conditions and costs can be effectively addressed; again, off-site under the jurisdiction may also bring some new problems, such as the hospital and relations and coordination of work between the Primary Court, Chief relative to foreign decisions of the Court to accept and at the same time litigation psychological, cultural changes, these will not exist in the original jurisdiction of mode, in a foreign jurisdiction will must also be slow to resolve. In different places under the jurisdiction is able to solve the serious administrative intervention in the administrative proceedings, in the case of the lack of a certain degree of practical experience and data, it is difficult to give a definite answer from a theoretical point of view. This regard and system design itself was scientifically mature or not related to the other, it depends on many factors outside the system, the degree of specialization such as the tradition of the rule of law, legal culture, the legal profession and judicial. As the environment and infrastructure of the system is running, these factors are whether the system can reach its designed to have a decisive influence. In this opinion, in different places under the jurisdiction of the difficulties facing the practice of specific operational problems hard to solve, followed by the intervention of outside powers in the administrative proceedings shall consider the actual situation. In the concrete operational level, there are difficulties in the hospital specified, proof of the difficulties, implementation difficulties and cost issues, these problems are being effectively addressed, in different places under the jurisdiction it is difficult to implement. Authority to intervene on the issue, I believe that pressure facing the Court is still filter out the \function as a filter failure. Inextricably linked between the administrative authorities is not limited distance can be cut off, always available, relationships and resources, these are sufficient case to cause a substantial impact. Have to worry about, before the system has not fundamentally change, power is always more likely to break through the design of the system to generate a new sub-culture, rather than not have the resources can be exchanged, there is no strength to resist administrative relative. Faced with these problems, in different places under the jurisdiction may also need to further the design and improvement, at least on a practical level, have more sophisticated arrangements and consider our legislation often lost the careless, large, good-looking system, implement the Practice for small, tend to make the system goals become elusive. In this regard, it was proposed, should draw on the choice of prosecution \off-site trial in the level of the specific operation of administrative proceedings in different places under the jurisdiction of some reference. More proposals outside the jurisdiction of the reform, proposed a comprehensive reform of the administrative judicial system and judges system level. Professor Ma Huaide the idea of ??the author proposed three reform of the administrative adjudication of the Court system in 2005, believes that the best option is to learn from the experience of many civil law countries, the establishment of a relatively independent administrative court; Judicial System there are comprehensive defects of reform must be drastic, committed to its difficult. As I mentioned in this article Conclusion This small patch in the existing system can not bring about big change, but at least a useful attempt, this \difficult challenge, with the ideal expectations. For this, we can assume that the overall reform of the administrative judicial system and the system of judges, to look forward to the arrival of judicial independence and judicial impartiality.

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