Today, the parties call Anci District Court and materials will be moved back to the intermediate people's court, the parties made costs in the intermediate court. Estimation is the objection to the jurisdiction of our proposed work. Anci district court may be reluctant to take such a hot potato!

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   In June and took over the house expropriation cases. Langfang Municipal People's government made in March 3, 2011. (2011) No. 14 Gallery "on the central business district (two) transforming the region housing levy decision". Not Zhang 14 people, according to the prosecution to the Langfang City Intermediate People's court. Langfang City Intermediate Court and not within the statutory 7 days to accept the case and make a ruling according to law shall not be accepted, but more than 20 days after the party has received the Anci District Court of Langfang city telephone, said the case has been accepted, required to pay legal fees. Know this news, we're not surprised! One is the "administrative procedure law" specified in section twenty-third of the superior court to administrative cases of first instance jurisdiction over which people's courts; two is similar to the situation encountered some. However, I think that this provision should be deleted from the "administrative procedure law".

   The administrative litigation jurisdiction by level set purpose is to try to ensure that the administrative litigation case can a fair trial. In the case of no judicial independence, court rank below the "administrative levels", is difficult to guarantee a fair trial of cases. Although the "Supreme People's Court on the implementation of 'of the people's Republic of China Administrative Procedure Law' interpretation of several issues", "the Supreme People's Court on Several Issues concerning the administrative jurisdiction" to a certain extent, improve the administrative litigation jurisdiction by level, but the actual implementation of the provisions is not good, one very important reason is that "administrative procedure law" section twenty-third "jurisdiction over". Only this one, actually put the provisions of administrative litigation jurisdiction level to overhead. This provision does not delete, impact on the state-owned land on the housing levy case of great. In accordance with the provisions of "state-owned land on the housing levy and Compensation Ordinance", the housing levy decision and housing compensation decisions are made by the people's government at the county level of the city. If an owner who disagrees, then the object of litigation is the city, county people's government. In accordance with the provisions of the administrative litigation jurisdiction level, should be made by the intermediate people's Court of first instance. But because of "administrative procedure law" in article twenty-third, imposed people hope to intermediate people's Court of first instance will burst! Even if the objection to jurisdiction, it is difficult to support. In view of our country's court superior learning ability, practice their superior court first instance administrative jurisdiction over the lower court trial phenomenon will increase. In order to ensure a fair trial in administrative litigation cases, strongly recommended to delete provisions "administrative procedure law" section twenty-third "jurisdiction over", and should be banned.

The relevant provisions:

   1, "the people's Republic of China Administrative Procedure Law"

   Article fourteenthThe intermediate people's courts shall have jurisdiction over the following administrative case of first instance:

   (a) confirmed case of the invention patents, cases handled by the customs;

   (two) filed a lawsuit against a specific administrative act of the departments under the State Council or of the provinces, autonomous regions, municipalities directly under the central government, the case;

   (three) the area of major, complicated cases.

   Article twenty-firstThe people's court finds that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people's courts that have jurisdiction over. The people's court shall not transfer.

   Article twenty-thirdThe higher people's court has jurisdiction over the lower level people's Court of first instance trial of administrative cases, can also take the administrative cases of first instance jurisdiction over which the people's court for trial.

   If the people's court for the jurisdiction of administrative cases in first instance, that need for trial by a people's court at the higher level people's court decides, can apply for.

   2, "the Supreme People's Court on the implementation of 'of the people's Republic of China administrative procedure law interpretation of several issues"'

   Article eighth in any of the following circumstances, which belongs to the administrative litigation law article fourteenth (three) rule "within the jurisdiction of major, complicated cases":

(a) the people's government at or above the county level, and the basic people's court is not suitable to hear a case;

(two) social impact, joint action, group litigation;

(three) the major foreign-related or relating to the Hongkong Special Administrative Region, Macao Special Administrative Region, the Taiwan area of the case;

(four) other major, complicated cases.

    3, "the Supreme People's Court on Several Issues concerning the administrative jurisdiction"

   Article 1Any of the following circumstances, which belongs to the administrative litigation law article fourteenth (three) shall be prescribed in item under the jurisdiction of the intermediate people's Court of first instance administrative cases:

(a) the defendant to people's governments at or above the county level of the case, but to the people's government at the county level to handle the registration of real property in the name of the case can be excluded;

(two) social impact, joint action, group litigation;

(three) the major foreign-related or relating to the Hongkong Special Administrative Region, Macao Special Administrative Region, the Taiwan area of the case;

(four) other major cases, complex.