行政诉讼跨区域管辖改革研究

发布时间：2018-06-05 17:43

本文选题：跨区域管辖 + 行政干预　；参考：《郑州大学》2017年硕士论文

【摘要】：党的十八大从治国方略的高度提出了依法治国的要求,并将法治政府建设视为依法治国的核心,行政诉讼是推进法治政府建设的主要法律制度,其发展事关依法治国方略的实施。行政诉讼管辖制度是行政诉讼的一个重要制度,对于保护当事人诉讼权利和实体权利有着至关重要的意义。当前行政区划与司法管辖区之间高度重合,由于传统司法体制的原因,法院在人、财、物等方面受制于行政机关,在行政审判实践中来自行政机关的干预太多,司法公正受到严重影响,人民群众对行政诉讼没有信心,许多法院甚至无法做到依法受理行政案件,“三难问题”非常突出,使得大量的行政争议得不到有效的解决,行政审判的公信力受到越来越多的质疑。要改变这种状况,必须采取有效措施解决行政机关对行政审判的干预问题,大幅提升行政审判的公信力和权威性。党的十八届三中全会提出了推动司法管辖与行政区划适当分离的管辖制度改革的号召,十八届四中全会又提出了探索设立跨行政区划的人民法院,调整行政诉讼管辖制度的具体改革要求。这样的规定使得行政案件的跨区域管辖在中央层面有了政策依据。其后新修改的《行政诉讼法》第18条第2款规定:“经最高人民法院批准,高级人民法院可以根据审判工作的实际情况,确定若干人民法院跨行政区域管辖行政案件。”此规定给行政案件的跨区域管辖带来了进展,使得行政案件跨区域管辖在立法上也迈出的重要的一步。因此,在当前看来,推动司法管辖与行政区划相分离,进行跨区域管辖改革来审理行政案件,是有效解决行政干预以及“三难”等主要问题的关键措施,能够使人民群众愿意放弃信访的做法,转而通过行政诉讼反映自己的诉求;能够使行政审判更好地做到司法公正,推动良性法律秩序的发展,实现法治状态。
[Abstract]:The 18th National Congress of the Party put forward the requirement of governing the country according to law from the height of the strategy of governing the country, and regarded the construction of the government by law as the core of governing the country according to law. Administrative litigation is the main legal system to promote the construction of the government ruled by law. Its development is related to the implementation of the strategy of governing the country according to law. The system of administrative litigation jurisdiction is an important system of administrative litigation, which is of great significance to protect the litigant rights and substantive rights. At present, there is a high degree of overlap between administrative divisions and judicial jurisdictions. Because of the reasons of the traditional judicial system, the courts are subject to administrative organs in the aspects of people, money, and property. In the practice of administrative trials, there is too much interference from administrative organs. Judicial justice has been seriously affected, the people have no confidence in administrative litigation, many courts cannot even handle administrative cases according to law. The "three difficult problems" are very prominent, and a large number of administrative disputes cannot be effectively resolved. The credibility of administrative trials is being questioned more and more. In order to change this situation, we must take effective measures to solve the interference of administrative organs in administrative trials, and greatly enhance the credibility and authority of administrative trials. The third Plenary session of the 18th CPC Central Committee put forward a call for the reform of the jurisdiction system, which should be properly separated from administrative divisions, and the fourth Plenary session of the 18th CPC Central Committee also proposed to explore the establishment of a people's court across administrative divisions. To adjust the specific reform requirements of the administrative litigation jurisdiction system. Such provisions provide a policy basis for cross-regional jurisdiction of administrative cases at the central level. Article 18, paragraph 2, of the Administrative procedure Law, which was revised later, stipulates: "with the approval of the Supreme people's Court, the higher people's Court may, in the light of the actual circumstances of the trial work, determine certain administrative cases of cross-administrative jurisdiction by the people's courts." This stipulation has brought the progress to the cross-regional jurisdiction of the administrative case, making the administrative case cross-regional jurisdiction also take an important step in the legislation. Therefore, at present, promoting the separation of judicial jurisdiction from administrative divisions and carrying out cross-regional jurisdictional reform to try administrative cases is the key measure to effectively solve the major problems such as administrative intervention and "three difficulties". It can make the people willing to give up the practice of petition and visit, and instead reflect their demands through administrative litigation; can make the administrative trial better achieve judicial justice, promote the development of benign legal order, and realize the state of rule of law.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3

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