行政诉讼集中管辖的悖论及其克服

为摆脱地方干扰,增强法院依法独立公正审理行政案件的能力,而作为行政审判体制改革试点来推进与行政管理区域有限分离的行政诉讼集中管辖制度,在一定程度上能够保证宪法、法律赋予法院的行政审判权有效运行。这种做法实为改革过程中的无奈之举,故而需要宽容、理解和支持。但是,改革试点也面临着如何符合实定法相关规定的挑战。对于确实具有合理性和实效性的改革举措,应当通过修法予以合法性支撑。不应将集中管辖确立为我国行政诉讼的一般制度,因为它不能有效根除行政诉讼的体制障碍,无法充分利用各级法院既有资源,与行政审判体制改革的长远目标相悖;要根除行政诉讼的体制障碍,需要在行政体制改革上下功夫,真正确立尊重法院裁判的行政责任体系。在深化司法体制改革的过程中,需要对行政诉讼集中管辖的试错探索予以科学评价,对实践和理论误区予以逐步矫正,确立正确的方法论和科学的行政诉讼管辖制度,以基层管辖、本地管辖等法定管辖为一般管辖,以提级管辖、异地管辖等裁定管辖为补充管辖。

Paradox and Its Overcome of Centralized Jurisdiction in Administrative Litigation

In order to get rid of local interference and to enhance the independent and impartial ability of administrative case judgment of the court, the administrative litigation centralized?jurisdiction system, with limited separation from the administration district, is promoted as the pilot of administrative adjudication system reform, to some extent ensuring the effective operation of administrative adjudication endowed by the constitution and laws to be carried out by the court. However, such approach is only because of no alternative ways during the reform process, needing tolerance, understanding and support. This reform pilot also faces the challenge of being compliance with related regulations. As for the reform approach with real reasonableness and effectiveness, related laws should be amended to give legitimacy support. But as for the centralized?jurisdiction system, it should not be set up as a common system of the administrative litigation since it cannot effectively eliminate the institutional barriers in the administrative litigation or make full use of existing resources of courts at all levels, being contrary to the long-term objective of administrative adjudication system reform. In order to effectively eliminate the institutional barriers in the administrative litigation, efforts should be paid to administrative system reform to really establish an administrative responsibility system respecting the court judgment. During the process of deepening judicial system reform, scientific evaluation should be made onto the attempting exploration of the administrative litigation centralized?jurisdiction system and practical and theoretical errors should be corrected gradually to establish correct methodology and a scientific administrative litigation jurisdiction system, i.e. letting legal jurisdiction like primary jurisdiction and local jurisdiction be as general jurisdiction, and jurisdiction by order like highlevel jurisdiction and jurisdiction of different place be as supplementary jurisdiction.