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On Establishment Of Summary Procedure In Administrative Procedural Law

Posted on:2009-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z J LiuFull Text:PDF
GTID:2166360245470322Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In Materialist dialectics, controversy is considered to be the opposition and union of common property and individuality. While dealing with specific problems, the common of things of the same kind should be taken into account and the individuality of the specific things should be respected. So we should analyze specific problems based on facts. Executive cases are unexceptionally suitable to be treated and judged in ordinary process, but this wastes judicial resources, increases prosecution cost because of process tediousness and reduces commonalty's chances to take up the weapon of law to equally approach judicial judge.Executive prosecution simple process not only meets the internal requirement of process righteousness, therefore enables a large amount of simple executive cases to be timely and rightfully treated. This also fuels the legalization of ordinary process, thus those complex cases that really need profound and serious treatment and judge could get reasonable judicial resources allocation and finally achieve organic union of efficiency and righteousness.Since our national was formally reinforced in October 1990, especially after our country entered into WTO, executive disputes have been increasing; this also challenges the judicial judgment. Under the market economic environment, people not only pursue righteousness on judgment but also demand that conflicts could get a timely treatment. As the socialism law-ruling construction is being carried out, people's right awareness is further awakened; thus such desires will get stronger. Moreover, to view from the executive agencies'perspective, executive disputes should be settled timely so that executive administration can be carried out effectively.The internal basic conditions for executive prosecution simple process setting-up are executive cases'feature of either being complex or simple, the administrative managing manner as well as the executive prosecution principle that"the accused should take up the responsibility of providing evidence for the lawfulness of the specific executive acts that are accused". Since the executive prosecution system reinforced, the improvement of the judges'quality, the accumulation of people's courts'executive judicial experience, people's stronger right awareness and the spirit of 21st century judicial reform have all provided a good environment for executive prosecution simple process. The legislation and practice of our national civilian prosecution simple process and criminal prosecution as well as out-of-region simple process provide experience that can be a reference for setting up executive prosecution simple process.While setting up simple process, the features of executive prosecution simple process and our national special situation should be taken into account. Setting up simple process starts from the judge organization, case range, process launch, court judge running, prosecution period and prosecution documents, ect. The prosecution process should be simplified and the practice of parties prosecution right should be guaranteed.
Keywords/Search Tags:summary procedure, fundamental theory, necessity, feasibility, specific ideas
PDF Full Text Request
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