海南大学学报(社会科学版)

我国现行的行政诉讼管辖制度存在诸多问题,应当遵循确保司法独立和司法公正、当事人意愿和法院意志相结合、诉讼便宜与审判力量相适应等原则,对其进行改革与完善,包括:提高部分行政案件的级别管辖,具体规定提级管辖的适用条件,赋予原告诉讼管辖的选择权,完善异地管辖制度等。

The running administrative lawsuit jurisdiction system in our country carries a good many demerits and needs to be reformed and perfected according to the principles to insure judicatory independence and justice,integration of parties' will and courts' will,as well as a balanced match between law convenience and judging forces.Its reform and perfection include increasing grade jurisdiction of certain parts of administrative lawsuit,specifying applicable conditions for upgraded jurisdiction,endowing defendants' option right for jurisdiction,and perfecting jurisdiction relocation system,etc.