Substantive judge conditions and reflections on the judicial interpretations of the scope of accepting cases of administrative litigation

Since the year of 2000,the Supreme People's Court has formulated a number of terms on the scope of accepting cases of administrative litigation which should not be formulated within the scope in its judicial interpretations.These terms don’t distinguish between the scope of accepting cases and other conditions for admissibility as well as trial on merits,thus increasing the difficulty to place cases on file for trial.We should learn from the institution of substantive judge conditions which is adopted in German,Japan and Taiwan.First,we should remove those inappropriate negative lists and simplify the terms on the scope of accepting cases of administrative litigation;Second,we should lower the suit’s threshold and weaken its function,and divide the boundary between judicial power and administrative power;Finally,we should increase an investigating procedure on substantive judge conditions or litigation interests narrowly defined so as to prevent the abuse of judicial resources.