行政訴訟管轄制度：由歷史變遷展望未來發展

The Change of Administrative Litigation Jurisdiction System

管轄制度位處行政訴訟制度流程前端，對整個制度的功能運轉及價值實現意義重大。因受政治、經濟等因素影響，我國行政訴訟管轄制度變遷歷經附屬期、獨立期、過渡期、變革期四大階段。並呈現出司法權與行政權的交替博弈、國家頂層政策與地方司法實踐雙向驅動、制度成本的再平衡等變遷動因和邏輯範式。新時期爲解决訴訟中出現的“主客場”現象，實現行政審判的公平公正，跨區域異地管轄或跨區劃法院管轄行政案件成爲變革選擇。未來，應該提升行政訴訟管轄的制度配套，强化訴訟與覆議等多種管轄手段的互動，做好數位行政等新興案件的管轄安排，逐步走向行政法院管轄。

The jurisdiction system is located at the front end of the administrative litigation system process, which is of great significance to the function operation and value realization of the whole system. Due to the influence of political and economic factors, the change of administrative litigation jurisdiction system in China has gone through four stages: subsidiary period, independent period, transition period and reform period. It also presents the change drivers and logical paradigms, such as the alternating game between judicial power and administrative power, the twoway drive between national toplevel policy and local judicial practice, and the rebalancing of institutional costs. In the new era, in order to solve the “host and guest” phenomenon in litigation and realize the fairness and justice of administrative trial, cross regional jurisdiction or cross regional court jurisdiction over administrative cases has become a choice for change.In the future, we should improve the system of administrative litigation jurisdiction, strengthen the interaction between litigation and reconsideration and other means of jurisdiction, make good arrangements for the jurisdiction of emerging cases such as digital administration, and gradually move towards the jurisdiction of the administrative court.