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行政诉讼的地方化和行政化是制约行政审判独立性和公正性的关键因素,新修订的行政诉讼法施行后,本文通过回顾、并简要评析历年来各界对于行政诉讼管辖制度改革举措,发现新管辖制度较之以往并无较大突破。本文主张采取提级管辖制度,或在第十八条的基础上,由中院建立巡回法庭,并明确规定当事人有选择管辖权。
The localization and administration of administrative litigation is the key factor restricting the independence and impartiality of the administrative trial. After the newly amended administrative procedure law is implemented, this paper reviews and reviews the reform measures of jurisdiction over administrative litigation over the years Jurisdiction system than in the past there is no major breakthrough. This article advocates the adoption of a system of promotion of jurisdiction or, on the basis of Article 18, a Circuit Court from the Intermediate Court and clearly stipulates that the parties have the choice of jurisdiction.