行政诉讼跨区划集中管辖制度的完善研究
发布时间：2018-12-20 15:19
【摘要】：受建国以来政治、经济、文化等诸多条件的限制,我国行政诉讼管辖制度的设置与行政区划高度重叠,导致了行政诉讼制度面临司法行政化、司法地方化、法院案件负担不合理等弊端。自上世纪末以来,最高人民法院和不少地方法院试图以变更管辖为突破口,“提级管辖”、“异地管辖”、“相对集中管辖”等创新举措不断涌现。党的十八届三中全会提出了“探索建立与行政区划适当分离的司法管辖制度”的改革构想,新修订的行政诉讼法从立法上正式确立了跨区划管辖集中制度。然而改革整体上的收效却不尽如人意。具体表现在:改革只是在现行司法体制内的微调;大部分非集中管辖法院的行政审判职能处于“休眠”状态;行政审判与信访稳控机制出现错位;司法和行政良性互动机制有待重构;增加了当事人的诉讼成本。为了完善我国行政诉讼跨区划集中管辖制度,既应通过局部的、渐进的步骤解决现实问题,同时也需要制定彻底的、长期的规划。一方面,在现行司法体制下需要着重在以下几个方面给予完善:建立人员、经费保障机制;健全法院内部协调配合机制,完善考评激励机制;完善信访维稳机制;完善便民诉讼制度,降低诉讼成本;增强司法权与行政权的良性互动;另一方面,可以借助当前跨区划集中管辖改革的实践经验,同时参考与吸收域外行政诉讼管辖模式,探索完成行政诉讼跨区化集中管辖改革的最终设想——建立行政法院。
[Abstract]:Limited by the political, economic and cultural conditions since the founding of the people's Republic of China, the establishment of the administrative litigation jurisdiction system in China is highly overlapped with the administrative division, resulting in the administrative litigation system facing judicial administration and localization. The court case burden is unreasonable and so on malpractice. Since the end of the last century, the Supreme people's Court and many local courts have tried to change jurisdiction as a breakthrough point, such as "upgrade jurisdiction", "different jurisdiction", "relatively centralized jurisdiction" and other innovative measures. The third Plenary session of the 18th CPC Central Committee put forward the reform idea of "exploring the establishment of a judicial jurisdiction system that is properly separated from administrative divisions", and the newly revised Administrative procedure Law formally established the centralization system of cross-regionalization jurisdiction in legislation. However, the overall results of the reform were not satisfactory. The concrete manifestations are as follows: the reform is only a fine adjustment in the current judicial system; most of the administrative trial functions of the non-centralized jurisdiction courts are in a "dormant" state; the mechanism of administrative trial and stable control of letters and visits is misplaced; The benign interaction mechanism between judicature and administration needs to be reconstructed, which increases the litigant's litigation cost. In order to perfect the centralized jurisdiction system of administrative litigation in China, we should solve the practical problems through partial and gradual steps, at the same time, we need to formulate a thorough and long-term plan. On the one hand, in the current judicial system, we should focus on the following aspects: to establish personnel and funding security mechanism; to improve the internal coordination mechanism of the court, to improve the evaluation incentive mechanism; to improve the mechanism of maintaining stability of letters and visits; Improve the system of convenient litigation, reduce the cost of litigation, strengthen the positive interaction between judicial power and administrative power; On the other hand, with the help of the practical experience of the reform of cross-regionalization and centralized jurisdiction, and referring to and absorbing the mode of extraterritorial administrative litigation jurisdiction, we can explore the final idea of completing the reform of cross-district centralized jurisdiction of administrative litigation, that is, to establish administrative courts.
【学位授予单位】：广西民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
[Abstract]:Limited by the political, economic and cultural conditions since the founding of the people's Republic of China, the establishment of the administrative litigation jurisdiction system in China is highly overlapped with the administrative division, resulting in the administrative litigation system facing judicial administration and localization. The court case burden is unreasonable and so on malpractice. Since the end of the last century, the Supreme people's Court and many local courts have tried to change jurisdiction as a breakthrough point, such as "upgrade jurisdiction", "different jurisdiction", "relatively centralized jurisdiction" and other innovative measures. The third Plenary session of the 18th CPC Central Committee put forward the reform idea of "exploring the establishment of a judicial jurisdiction system that is properly separated from administrative divisions", and the newly revised Administrative procedure Law formally established the centralization system of cross-regionalization jurisdiction in legislation. However, the overall results of the reform were not satisfactory. The concrete manifestations are as follows: the reform is only a fine adjustment in the current judicial system; most of the administrative trial functions of the non-centralized jurisdiction courts are in a "dormant" state; the mechanism of administrative trial and stable control of letters and visits is misplaced; The benign interaction mechanism between judicature and administration needs to be reconstructed, which increases the litigant's litigation cost. In order to perfect the centralized jurisdiction system of administrative litigation in China, we should solve the practical problems through partial and gradual steps, at the same time, we need to formulate a thorough and long-term plan. On the one hand, in the current judicial system, we should focus on the following aspects: to establish personnel and funding security mechanism; to improve the internal coordination mechanism of the court, to improve the evaluation incentive mechanism; to improve the mechanism of maintaining stability of letters and visits; Improve the system of convenient litigation, reduce the cost of litigation, strengthen the positive interaction between judicial power and administrative power; On the other hand, with the help of the practical experience of the reform of cross-regionalization and centralized jurisdiction, and referring to and absorbing the mode of extraterritorial administrative litigation jurisdiction, we can explore the final idea of completing the reform of cross-district centralized jurisdiction of administrative litigation, that is, to establish administrative courts.
【学位授予单位】：广西民族大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
【参考文献】
中国期刊全文数据库 前10条
1 程琥;;行政案件跨行政区域集中管辖与行政审判体制改革[J];法律适用;2016年08期
2 周兴复;;行政案件相对集中管辖的实践与影响——以乐山为视角[J];中共乐山市委党校学报;2016年02期
3 沈开举;方涧;;行政诉讼异地管辖制度实证研究——以河南模式为样本[J];河南财经政法大学学报;2016年02期
4 董v，
本文编号：2388179
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2388179.html
