Research On Summary Procedure Of Administrative Proceedings

Administrative procedure law established the general procedure that is applicable by collegial beach to all administrative cases, it answers precisely to our need at that time. As far as we know, the developments of modern litigation system indicate that efficiency has become vital value goal in litigation. Cases, complex or simple, are heard in court with common procedure, that, increased litigant costs, wasted judicial resources, impaired litigant efficiency, meanwhile, counteracted slight, simple, little influential uncontroversial cases into lawsuit, the general administrative procedure disagrees with the development of administration litigation and the need of administrative judgments. Therefore, to constitute a convenient and fast, valid summary procedure of administrative proceedings in keeping with the value of justice and efficiency. The administrative procedure law has been published for seventeen years, administration proceedings accumulate plentiful experience, judges enhance their qualities, Further, overseas summary procedure of administrative proceedings as well as the practice and legislation in Chinese civil and criminal proceedings, all of these make the effort to referential pattern theory in relation to summary procedure of administrative proceedings. Therefore, we should establish summary procedure of administrative proceedings when revising administrative procedure law.In addition to preface and peroration, there are five chapters in this article:Chapter 1, the conception of the summary procedure of administrative proceedings. This chapter takes into consideration of the concept and characteristics of the summary procedure of administrative proceedings by researching into the conception of the summary procedure and the summary procedure of administrative proceedings at home and abroad.Chapter 2, investigation and Study of legislation deficit of the summary procedure of administrative proceedings and its current situation. Weigh their advantages and disadvantages, we find that the administrative proceedings applying to all, counteracting simple cases into lawsuit, inconveniencing the value goal of justice and efficiency. Herein we propose that the summary procedure of administrative proceedings which has a character that cases put on trial by a single judge, alliance on a firm footing.Chapter 3, principal of law and legal principle foundation and realistic needs of the summary procedure of administrative proceedings. In the situation of lay siege to the value of justice and efficiency, we arrive at a conclusion that the summary procedure of administrative proceedings has its spaces, we require the establishment of the summary procedure of administrative proceedings.Chapter 4, lawmaking experience of overseas summary procedure of administrative proceedings. In studying the basis of legislation in common law system countries, civil law countries and Taiwan region, we sum up revelation to the summary procedure of administrative proceedings in china.Chapter 5, the constitution of the summary procedure of administrative proceedings in China. The summary procedure of administrative proceedings must follow the principle of efficiency, the principle of fairness, the principle of definite application of standard and the principle of respect for the parties collection of the procedure. According to the characteristics of simplicity, rapidity and efficiency in the summary procedure of administrative proceedings, introducing its concrete stages and its design of operating rules. Based on these, the author of this paper proposes piece of framework of legislation of the summary procedure of administrative proceedings to give a reference to the legislature and academia.