Cases of first instance in administrative litigation are generally under the jurisdiction of the grassroots people's courts, and more difficult and complicated cases are under the jurisdiction of the intermediate people's courts. In administrative litigation, cases of first instance are generally tried by grass-roots courts. To handle major and complicated administrative cases of the people's governments at or above the county level, the customs or the areas under their jurisdiction and the Supreme People's Court.
Legal objectivity:
Jurisdiction refers to the division of power of people's courts at all levels and local people's courts to accept administrative cases of first instance, and it is an important litigation legal system involving basic issues such as administrative trial organization system, protection of citizens' right to appeal, and constitutional decentralization system. I. When understanding the jurisdiction of administrative litigation, we should pay attention to the following issues: 1. Jurisdiction is the division of labor for ordinary people's courts to accept administrative cases. Specialized courts such as maritime courts, military courts and railway transport courts do not accept and execute administrative cases. In this regard, the second paragraph of Article 6 of the Interpretation of the Procedural Law stipulates that special people's courts and people's courts do not try administrative cases, nor do they examine cases in which executive administrative organs apply for enforcement of specific administrative acts. 2. Jurisdiction is the division of authority between superior and inferior courts and courts at the same level to accept administrative cases. In other words, jurisdiction should solve the problem of division of authority between different trial levels and courts in different regions at the same level. 3. Jurisdiction is the division of authority for people's courts to accept administrative cases of first instance. Jurisdiction does not include the division of labor between second instance and retrial cases. We implement a four-level two-trial system, and the second trial is the continuation of the first trial. Determine the jurisdiction of the case of first instance, and determine the jurisdiction of the case of second instance accordingly. In addition, execution also depends on the jurisdiction standard of first instance cases. 4. The relationship between jurisdiction and the concepts of judicial power and competent power. The power of administrative trial is the power given to the court by law to hear administrative cases, including the power of competent authorities, jurisdictional authorities, jurisdictional authorities, litigation command organs, executive organs and so on. Judicial power is one of the realization forms of judicial power, and judicial power is the foundation and premise of judicial power. Authority is the premise of jurisdiction. Supervisor refers to the scope of the court's right to handle administrative cases, aiming at dividing the authority of the court and other state organs in handling administrative disputes. Jurisdiction refers to the jurisdiction to hear cases within the court system. II. Types of Jurisdiction It is generally believed that the jurisdiction of administrative litigation can be divided into: 1, hierarchical jurisdiction and territorial jurisdiction. Hierarchical jurisdiction solves the division of jurisdiction between courts of different trial levels. The Administrative Procedure Law adopts two provisions: enumeration and generalization. For example, the jurisdiction of intermediate people's courts over customs cases and invention patent cases is enumeration, and the standard of "major complexity" is generalization. Territorial jurisdiction solves the problem of which regional court accepts administrative cases. In this regard, the administrative procedure law has adopted a "simple" approach. 2. Statutory jurisdiction and adjudication jurisdiction. Statutory jurisdiction refers to the jurisdiction directly determined by law. Trial jurisdiction refers to the jurisdiction determined by the court through transfer and designation under special circumstances, including designated jurisdiction, transferred jurisdiction and transferred jurisdiction. 3.* * * Same jurisdiction and single jurisdiction. * * * The same jurisdiction means that two or more courts have jurisdiction over a case at the same time. Single jurisdiction means that only one court has jurisdiction. Three. Considerations for determining jurisdiction The Administrative Procedure Law considers the following factors when determining jurisdiction: 1. Facilitate the litigation of the parties. In other words, the determination of jurisdiction should facilitate the plaintiff and the defendant to participate in litigation interpretation activities. This involves multiple factors such as space, time, economy and law. It is for this reason that Article 13 of the Administrative Procedure Law stipulates that the basic people's courts shall have jurisdiction over administrative cases of first instance. 2. It is convenient for the court to exercise judicial power fairly and effectively. The basic people's courts have jurisdiction over administrative cases of first instance, and try them locally and nearby, so as to facilitate the people's courts to find out the facts. Customs and patent cases are highly specialized and should be under the jurisdiction of intermediate people's courts with good level and conditions to ensure the correct exercise of judicial power. In addition, it is also important to eliminate factors such as interference and "pressure". 3. The burden of the court is balanced. The determination of jurisdiction should take into account the reasonable division of litigation burden between different places and courts at all levels, and should not allow a certain place or a certain level of courts to operate overload. The scope aims to divide the powers of courts and other state organs in handling administrative disputes. Jurisdiction refers to the jurisdiction to hear cases within the court system.