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1990年《行政诉讼法》颁布实行以来,它对公民权利意识的提升和政府行政权利的有效控制起到了很大的推动作用。但随着行政诉讼案件的增多,也暴露出了行政诉讼过程中司法不独立,受行政权力干扰的弊端,异地交叉管辖制度应运而生。本文借助于对传统地域管辖存在的短板进行剖析,以现行体制下立法与实践的突破为基础,主张将该司法制度引入新行政诉讼法中并对其进行完善,从而保障行政审判的司法公正。
Since the promulgation and implementation of “Administrative Procedure Law” in 1990, it has greatly promoted the awareness of civil rights and the effective control of government administrative rights. However, with the increase of administrative litigation cases, the defects that the judiciary is not independent and interfered with by administrative power have also been exposed in the process of administrative litigation. Cross-jurisdictional jurisdictions emerge as the times require. Based on the analysis of the shortcomings existing in the traditional territorial jurisdiction and the breakthrough of the legislation and practice in the current system, this paper advocates the introduction of the judicial system into the new Administrative Procedure Law and its perfection, so as to protect the judicial justice of the administrative trial .