Research On The Conference Summaries In Administrative Litigations

In resent years, the number of the administrative litigations aiming at and relating to conference summaries has increased greatly, which reveals many defects in the making and operating of conference summaries.Based on the analysis of numbers of related cases, this article classifies the conference summaries in administrative litigations as four types: administrative decision, administrative guidance, administrative regulating document and administrative agreement. Combining with the factors of a conference summary such as nature, content, legal effect, etc, analyses and studies each type of conference summaries thoroughly with the Theoretical standards of administrative act, administrative guidance and administrative agreement, etc. Generalizes a general standard to decide the nature of each type of conference summaries.Based on the study and analysis above, finds out the three reasons why conference summaries are involved in administrative litigations frequently: do not have a clear knowledge about the nature and function of a conference summary, the making of conference summaries is nonstandard, name some legal documents with"conference summary"too rashly. Then, raises corresponding advice and countermeasures to regulate the behavior of administrative departments: perfect the making process and specific requirements of conference summary by legislation, set up an inner review and supervision system, set up a corresponding remedy system, strengthen the training of law-related for the administrative departments.