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Summary Procedure Of Administrative Litigation

Posted on:2007-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y T AoFull Text:PDF
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Supreme People's Court in the "people's court reform for five years," clearly said : "In the context of law, multi-application summary trials." My Code and the Civil Procedure Law have established a simple procedure and judicial practice played an extremely important role reflects their special value. My 1989 and promulgated the "PRC Administrative Procedure Law," and no judicial interpretation of the provisions on administrative summary proceedings, they will be implemented in practice ordinary administrative adjudication procedures cases. Summary of the proceedings as a result of administrative shortcomings, not only created three non-uniform system of procedural legislation, negates the efficiency of the proceedings, but not to citizens, legal persons and other organizations effectively protect the legitimate rights and interests. Therefore, in recent years, the issue of administrative proceedings by summary build our administrative proceedings theorists and substantive industry wide concern.Any system generation, and there should be a corresponding development of a theoretical basis for the specific rules of a procedure should be in a corresponding theoretical basis for guidance. I believe that the parties to accept jurisdiction to protect theory, the theoretical benefits of the proceedings, the community as a whole to protect the administration of justice theory and the theory is highly efficient administrative proceedings summary of the existence and operation of the main theoretical basis. Tanxi abroad in administrative proceedings Summary model studies, the authors believe that the summary is not specific to a particular process description, but to the category called procedures shall refer to the adoption of administrative proceedings some links, and steps to varying degrees of simplification, so that the case be expedited category of special procedures, in different countries have different manifestations. My administrative proceedings for the establishment of summary, the author advocates building a pluralistic executive summary proceedings, both general summary also includes special summary. General Summary can be divided into single-system summary, the general style summary; Special Summary proceedings and the proceedings can be divided into emergency mediation procedures.
Keywords/Search Tags:summary procedural guarantees, litigation efficiency, the general summary procedure, the special summary procedure
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