对《行政案件异地管辖热的冷思考》之再思考

Criticizes Again to the Calm Thinking about Jurisdiction of Different Over the Heat

异地管辖出现的背景是学界和实务界对行政诉讼"原告就被告"这一诉讼管辖模式越来越多的质疑和垢病,为解决这一模式下出现的行政审判独立性不强、法院在行政审判中权威严重缺乏、行政诉讼案件执行难等一系列问题,一些地方尝试推行了行政诉讼案件的异地管辖,该举措在一定程度上促进了司法独立,提高了法院的公信力,取得了较明显的成效,因此,引起了一些学者和地方的热捧,但也有学者则对异地管辖提出了质疑。

Academies and practitioners propose more and more questions and denunciations to the pattern of Plaintiff on defendant in administrative proceedings, there is the background of administrative jurisdictions among different place appears. In order to solve these problems about the weakness of administrative trial＇s independence and the serious lack of authority in administrative trial; also including the difficulties during the execution of administrative Litigation cases, some places attempt to carry out the administrative jurisdictions among different place, this action promotes the jurisdiction indepen- dence in certain extent; enhances the court＇s public credibility and obtains the effects obviously. So it is supported by some scholars and places, but there also have some questions about it.