我国行政案件跨区域管辖的法律适用

The Cross-regional Jurisdiction of Administrative Cases in China

行政案件跨区域管辖作为行政诉讼管辖制度改革的产物,力求实现行政司法审判的公正。行政案件跨区域管辖主要表现为指定类、集中类和交叉类等。各种管辖类型在具体运行中取得了一定的效果,同时也面临着相应的困境。行政案件跨区域管辖方式,需试点地区法院在实践中不断地去探索和完善,才能明朗未来行政诉讼管辖的改革方向。但需要明确的是,行政案件跨区域管辖的改革要于法有据,注重效果,不能片面追求形式。

The cross-regional jurisdiction of administrative cases, as a result of the reform of administrative litigation jurisdiction system, aims at realizing the justice of administrative judicial trials. This jurisdiction is mainly classified as designated, centralized, and crossed types. In specific practice, all the types have achieved certain effects but have met corresponding difficulties. It needs to be continuously improved in practice by courts in pilot areas so as to find a right direction for the reform of administrative litigation in the future. However, it is clear that the jurisdiction reform must place emphasis on lawfulness and effectiveness rather than novelty of forms.