The Simple Procedure Of Administrative Litigation

Since 1990 our Administrative Litigation has been carried out, regardless of simple or complex all cases use the ordinary procedures equally, but there is no simple process,which to some extent, causing a waste of judicial resources, but also increased the costs of legal proceedings litigants and reduced the trial efficiency. It will affect the credibility of the law. Especially after nineteen years'development, Chinese socialist market economic system being perfected, the socialist legal system being in-depth, the further awakening of people's awareness of their rights, therefore, under the present circumstances, according to judicial practice,it is good for settlement of administrative disputes timely to build the simple proceedings and also good for carrying out administrative work.Our academic field study administrative proceedings from a single common reflection on the proceedings to the value of the administrative proceedings in the early twentieth century, as well as there are their contributions on the necessity, feasibility of administrative proceedings. However, studies have been overgeneralized. This paper has been put forward its own point of view based on the results which has been pointed out, hoping the subject of research in the theoretical level, it can provide a valuable reference and play a guiding role in administrative proceedings study.This paper is divided into three parts:The first section presents the content of administrative proceedings, through generalizing the current domestic and abroad simple procedures and administrative proceedings it analyses the characteristics of administrative proceedings, while make a comparison among the administrative proceedings,civil litigation and administrative penalties. According to comparative method demonstrated the relationship and differences among them.And it is discussed the value of the administrative proceedings.The value of justice is the integration of the value of justice and the value of efficiency. Therefore administrative litigation procedure is constructed regards of two aspects. One must reflect the fair, justice and guarantee the rights of citizens, legal persons and other organizations; On the other hand it should reflect the effectiveness. Here, It emphasizes that simplifying the proceedings doesn't mean we must sacrifice justice.Construction of administrative proceedings to some extent to expand the scope of judicial remedies and means of "the breadth and depth of judicial relief to find a balance point." Therefore, adding a simple administrative litigation procedure, not only meet the need of the administrative counterpart but also ease the contradiction between the limited judicial resources and a growing number of court cases so that maximum utilization of judicial resources.The second part focuses on introduce practical basis and legal basis of administrative litigation in China. According to the judicial practice, building the simple administrative proceedings plays an important role in guaranteeing the legal justice of the clients.On the practical basis of administrative proceedings, the author mainly talk about the main obstacles. And the author prove the necessity of constructing the administrative litigation in 4 aspects and analyse the feasibility in 3 aspects:judicial reform,civil and criminal etc.The third section discusses the extraterritorial useful experience to build a reasonable administrative litigation. The design of the regulation should be on the certain principles and the theoretical framework in order to achieve the desired goals. The author thinks that it should insist the principle of justice on constructing administrative litigation. Overseas countries and regions construct administrative litigation and succeeded.So ours can learn from the German and Taiwan's model.In the regulation of construction of administrative litigation in our jurisdiction the author thinks we can learn from Germany's primary jurisdiction of the Court system and combine with China's specific conditions at the grassroots level people's court proceedings. In the administrative proceedings on summary trial-level requirements, we can learn from Taiwan's administrative proceedings relating to procedure is only used in the first trial procedures. At present, China's civil and criminal proceedings, procedure is only access to first instance and the administrative simple proceedings is access to the same procedure.It is useful to unite these three parts.