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Notice of the Supreme People's Court on Carrying out the Pilot Work of the Relatively Centralized Jurisdiction of Administrative Cases@#
(No. 3 [2013] of the Supreme People's Court)@#
The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:@#
For purposes of thoroughly implementing the spirit of the Eighteenth National Congress of the CPC in an in-depth manner, giving a full play to the important role of rule by law in the state administration and social management, ensuring that a people's court exercises the adjudicative power in a legitimate, independent, and fair manner, fully protecting the lawful rights and interests of citizens, legal persons, and other organizations as well as maintaining the unity, dignity, and authoritativeness of the national legal system, the Supreme People's Court has decided to carry out the pilot work of the relatively centralized administration of administrative cases within the jurisdiction of some intermediate people's courts. The relevant matters are hereby notified as follows:@#
| | 最高人民法院关于开展行政案件相对集中管辖试点工作的通知@#
（法〔2013〕3号） @#
各省、自治区、直辖市高级人民法院，新疆维吾尔自治区高级人民法院生产建设兵团分院：@#
为深入贯彻党的十八大精神，充分发挥法治在国家治理和社会管理中的重要作用，确保人民法院依法独立公正行使行政审判权，充分保护公民、法人和其他组织的合法权益，维护国家法制统一、尊严、权威，最高人民法院决定在部分中级人民法院辖区内开展行政案件相对集中管辖试点工作。现就有关问题通知如下：@#
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I. Enhancing the awareness of the importance of the pilot work@#
The administrative litigation system is one of the important mechanisms for properly handling contradictions among the people and safeguarding the rights and interests of the people under the leadership of the Party and government in the new period, and is an important channel for the people to express their demands in a smooth and standardized manner. Since the implementation of the Administrative Procedure Law, the people's courts at all levels have tried a great batch of administrative cases, properly resolved large quantity of administrative disputes, and made important contributions to the safeguard and promotion of the economic, social and scientific development, and the maintenance of social harmony and stability. However, due to poor judicial environment in some areas, the acceptance and trial of cases are always unduly intervened; in some areas, the proportion of administrative cases in total cases is imbalanced, for some courts, there are few cases to accept or even no case to handle; and some courts are unwilling to accept administrative cases for fearing of making troubles. The failure of a people's court to accept administrative cases according to law and exercise the power of administrative trial in an independent and fair manner shall not only impair judicial authority but finally impair the legal and state authority, and waver the Party's ruling foundation. In recent years, the CPC Central Committee and various circles of the society are highly concerned about the reform and exploration carried out by people's courts for the purpose of ensuring the exercise of adjudicative power in a legitimate, independent, and fair manner. With support and cooperation from local Party committee, people's congress, and government, some local people's courts take the system reform in the jurisdiction of administrative cases as a breakthrough and realize the limited detachment of the judicial trial areas from the administrative areas under the existing legal framework by means of high-level jurisdiction, designated jurisdiction, overlapping jurisdiction, and relatively centralized jurisdiction, which enables the administrative trial system to resolve administrative disputes in a timely and effective manner and normally perform the function of properly handling contradictions among the people. The exploration and practice are favorable to comprehensively implementing the basic guideline of “governing the country by law”, responding to and guaranteeing the people's judicial appeal, promoting the building of a law-based government, improving the judicial environment for administrative trial, unifying the judicial standards, and promoting judicial fairness. On the basis of summarized experience of various areas, the Supreme People's Court decides to carry out the pilot work of the relatively centralized jurisdiction of the administrative cases within the jurisdiction of some intermediate people's courts. The people's courts at all levels shall fully recognize the significance of the pilot work, regard it as an important measure for improving the administrative litigation system of China and further deepening the reform in the legal system, effectively strengthen organization and leadership, diligently research into specific implementation plans, and ensure that the pilot work is smoothly carried out and practical effectiveness is achieved.@#
．．．．．． | | 一、提高对试点工作重要性的认识@#
行政诉讼制度是新时期正确处理人民内部矛盾，完善党和政府主导的维护群众权益的重要机制之一，是畅通和规范群众诉求表达的重要渠道。行政诉讼法实施以来，各级人民法院审理了一大批行政案件，妥善化解了大量行政争议，为保障和促进经济社会科学发展、维护社会和谐稳定作出了重要贡献。但是由于有的地方司法环境欠佳，案件的受理和审理往往受到不当干预；有的地区行政案件不均衡，有的法院受案不多甚至无案可办；有的法院因怕惹麻烦而不愿意受理行政案件。人民法院不能依法受理行政案件，并独立公正地行使审判权，不仅损害司法的权威，最终也将损害法律和国家的权威，动摇党的执政基础。近年来，党中央和社会各界高度关注人民法院为确保依法独立公正行使审判权进行的改革与探索。部分地方人民法院在当地党委、人大、政府的支持配合下，以行政案件管辖制度改革为突破口，通过提级管辖、指定管辖、交叉管辖和相对集中管辖等方式，在现行法律框架下实现了司法审判区域与行政管理区域的有限分离，使行政审判制度及时有效化解行政争议、妥善处理人民内部矛盾的功能得以正常发挥。这些探索和实践，有利于依法治国基本方略全面落实，有利于回应和保障人民群众的司法诉求，有利于推进法治政府建设，也有利于改善行政审判司法环境、统一司法标准、促进司法公正。最高人民法院在总结各地经验的基础上，决定在部分中级人民法院辖区内开展行政案件相对集中管辖试点工作。各级人民法院要充分认识试点工作的重要意义，将其作为完善我国行政诉讼制度、进一步深化司法体制改革的重要措施，切实加强组织领导，认真研究具体实施方案，确保试点工作的顺利开展并取得实效。@#
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