Research On Setting Up The Summary Procedure In Chinese Administrative Litigation

In three major procedure laws of our country, summary procedure has been set up in civil procedure law and criminal procedure law and plays an extremely important role in judicial practice, has reflected its special value. Because of historical and social factors Chinese administrative lawsuit procedure always rejects the summary procedure. Along with the idea of " fairness and efficiency "being established, which are the highest value in modem judicial system, it has been an important subject in judicial theory and practice. All administrative cases adopt the collegiate system: application of the ordinary procedure will lengthen cycle of trying, waste judicial resource and increase the lawsuit cost of parties. The summary procedure offers an effective way to realize " justice and efficiency "; the key of guaranteeing justice and improving efficiency is to set up a convenient, swift, just summary procedure. 《Administrative Procedure Law of the People's Republic of China》 has been implemented over the past 15 years, the court has handled a large number of administrative cases, and accumulated abundant trial practical experience, about setting up the summary procedure for administrative lawsuit .The legislative examples and judicial practical experience in other foreign country or region also provided corresponding theory supporting and mode for setting up the summary procedure of administrative litigation in our country. At present, the national condition of setting up the summary procedure in administrative litigation has been already ripe. In view of this, this text will regard summary procedure of administrative lawsuit as research object and put forward suggestion aboutestablishing Chinese procedure system of administrative litigation, so as to be beneficial to the modification and perfection of present Administrative Procedure LawThe full text is divided into three major parts: introduction, text and conclusion.Introduction: Pointing out the meaning of setting up summary procedure in administrative litigation, the target, range and method of studying, proposing the thinking of this text.Text: Include the following four chapters.Chapter one. proposing the question. Through investigating two administrative litigation cases, the author anahzes the problems existing in administrative litigation, tries to reflect that the ordinary procedure can't meet the demand of " fairness and efficiency "if it is applied in administrative litigation without exceptionChapters two. analyzing the theory of the summary procedure of administrative litigation. The coordination of fairness and efficiency in administrative procedure is the common theoretical foundation that all kinds of countries set up their summary procedure. Through summing up and comparing with legislative examples about summary procedure of administrative litigation that are adopted by foreign countries and Taiwan province, this chapter summarizes the characteristic and value of the summary procedure in administrative litigation.Chapter three, the necessity and feasibility of establishing Chinese summary procedure in administrative litigation. Analyzing the legislative background and the reason why there is not summary procedure in administrative litigation in our country, regarding " fairness and efficiency " as the theoretical foundation, making self-criticism to the ordinary procedure, combine the national characteristics and administrative litigation of our country, giving consideration to such relevant factors as efficiency just. etc. discuss the necessity, feasibility of setting up the summary procedure in administrative litigation.Chapters four, system arrangement of the summary procedure in administrative litigation. The summary procedure of administrative litigation should insist on such principle as the organic integration of "fairness and efficiency", litigation economy and rational disposal of the judicial resource. On the scope of application, adopt theform of combining together form standard and essence standard; in the rank of judging, the summary procedure is only suitable for the first justice procedure in the basical people's court: on system design, the system should help to economize the lawsuit cost, facilitate the party concerned, try rapidly, improve efficiency of judging in administrative litigation, and establish such twelve kinds of concrete system as replying in words, the right of choosing procedure for the party concerned ,etc.Conclusion: It is the need of" fairness and efficiency " and the times to set up summary procedure in administrative litigation. The establishment of the summary procedure, will make administrative litigation rooted in the hearts of the people, and really become an effective mechanisms in safeguarding the relative people's legitimate rights and interests, supervising the administrative organ and national civil servants to administrate by law. so that the good legal result and social effect could be obtained, improving the process of administrate by law as well.