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按照一般地域管辖原则,行政诉讼案件一审应由被告所在地法院管辖。然而,这种审判方式存在着一些无法摆脱的弊端,如司法地方化、行政干预等问题。我国部分法院从行政诉讼异地管辖着手,试图以此为突破口实现行政审判组织的良性运行,促进司法公正。考察行政审判组织的运行困境,通过研究其运行现状,以及部分法院对于行政诉讼异地管辖的探索,对行政诉讼异地管辖制度进行利弊分析,并提出我国行政诉讼异地管辖与行政审判组织运行改革的制度改良举措。
According to the principle of general territorial jurisdiction, the first instance of administrative litigation shall be governed by the court where the defendant is located. However, there are some unscrupulous defects in this trial method, such as judicial localization and administrative interference. Some courts in our country begin with the jurisdiction of administrative litigation in different places, trying to make the breakthrough of the administrative justice organization run well and promote the judicial fairness. Examining the operational predicament of the administrative trial organization, and by studying its operational status quo, as well as some of the courts for exploring the different jurisdictions of administrative proceedings, the advantages and disadvantages of the jurisdictional system of administrative proceedings are analyzed, and put forward the system of administrative jurisdiction reform and administrative trial operation reform in our country Improve measures.