중국행정소송에서의 異地交叉裁判에 관한 연구

Off-site trial in administrative litigation refers to the procedure cases which are not appropriate to be adjudged by the courts which have the jurisdiction are exercised jurisdiction by superior court or the courts without jurisdiction but appointed by the superior courts. Its purpose is to protect the citizens' rights of action effectively and avoid the local and departmental protectionism. The judicial interpretation of Regulations of Issues on Jurisdiction of Administrative Cases was formally announced on January 4th by the Supreme People's Court and was come into force on February 1st. It will have a far-reaching impact on the development of Chinese administrative trials and the improvement of administrative litigation system. This interpretation clear that the Intermediate People's Court will have the jurisdiction of the administrative cases which the country governments are defendants to increase the citizens' rights to choose the right courts. It also promotes the reform of administrative litigation system and raises the judicial justice. However, it has some problems such as non-implementation of off-sites and expense increase of litigation, which will be gradually solved in the further justice practice and reform. The off-site trial should not become a system, which will be contrary to the original purpose of Administrative Procedure Law and will disarrange the general jurisdiction of administrative litigation system.