The new Administrative Procedure Law (adopted on October 65, 438+065, 438+0, 2065, 438+0, officially implemented on May 65, 2065, 438+0) has revised the jurisdiction and conditions of administrative litigation. Mainly manifested in: 1, eliminating and reducing the interference of administrative organs in the judiciary and grading jurisdiction-Article 15 of the new administrative procedure law: administrative cases with people's governments at or above the county level as defendants and administrative cases handled by the customs shall be under the jurisdiction of the intermediate courts. 2. After reconsideration, no matter whether the original specific administrative act is changed or not, the administrative counterpart is given the right to choose-Article 18 of the new administrative procedure law can be under the jurisdiction of the people's court where the reconsideration organ is located. 3. Confirmed and absorbed the principle of special jurisdiction rules for administrative cases: the principle of cross-administrative jurisdiction-Article 18 of the new Administrative Procedure Law stipulates that with the approval of the Supreme People's Court, the higher people's court may determine several people's courts to have jurisdiction over administrative cases across administrative regions according to the actual situation of trial work. 4. Clarify the operability of jurisdiction disputes-Article 21 of the new administrative procedure law stipulates that if the plaintiff files a lawsuit in two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first. 5. Principle of absorbing experience from judicial practice: Designated jurisdiction-Article 22 stipulates that if a people's court finds that a case it accepts does not belong to its own jurisdiction, it shall transfer it to a people's court with jurisdiction, and the transferred people's court shall accept it. If the transferred people's court considers that the transferred case does not belong to its own jurisdiction according to the regulations, it shall report to the people's court at a higher level for designated jurisdiction and shall not transfer it by itself; Article 24 stipulates that the people's court at a higher level has the right to hear administrative cases of first instance under the jurisdiction of the people's court at a lower level. If the people's court at a lower level thinks that the administrative case of first instance under its jurisdiction needs to be tried by the people's court at a higher level or designated for jurisdiction, it may report it to the people's court at a higher level for decision.
Legal objectivity:
Article 18 of the Administrative Procedure Law of the People's Republic of China shall be under the jurisdiction of the people's court where the administrative organ that originally made the administrative act is located. A case after reconsideration may also be under the jurisdiction of the people's court where the reconsideration organ is located. With the approval of the Supreme People's Court, the Higher People's Court may, according to the actual situation of trial work, determine that a number of people's courts have jurisdiction over administrative cases across administrative regions. Article 19 of the Administrative Procedure Law of the People's Republic of China shall be under the jurisdiction of the people's court where the defendant or the plaintiff is located.