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德国跨行政区划法院主要表现为跨邦、跨行政区、跨县市设立等层面,外部受政治、议会立法等因素影响,内部受历史、人口、经济、诉讼量等因素的作用。我国设立跨行政区划法院应该在充分认识中德差异的基础上,区分行政区划与法院辖区,因需灵活设立、注重统计,更应强调便民、司法效率、法律传统等价值。改造铁路法院,注重诉讼分流,建立“多元管辖”的跨行政区划法院,部分地区可考虑跨省法院,并在制度上促进法院人财物的统一。
The German cross-administrative divisions courts are mainly represented by the establishment of cross-state, cross-administrative regions and cross-counties. The externalities are affected by such factors as politics and parliamentary legislation, and are subject to internal factors such as history, population, economy and lawsuits. The establishment of a cross-administrative divisional court in China should make full use of the differences between China and Germany to distinguish between administrative divisions and the courts. Because of the need to be flexible and pay attention to statistics, courts should emphasize convenience, judicial efficiency and legal tradition. Reconstruction of railway courts, focusing on litigation diversification, the establishment of “multi-jurisdictional” cross-administrative divisions of the courts, in some areas may consider inter-provincial courts, and the court to promote the unity of people and property.