On The Simple Procedure System Of Administrative Litigation

In 2014, the newly revised Administrative procedural law introduced a new system—summary procedure. Summary procedure as a kind of easy procedure compared with the general administrative procedure, is based on the modern judicial idea, and ensure the citizens’ legitimate rights, and provide a reasonable and effective model to realize the justice and efficiency. Therefore, the establishment of the system, will greatly improve the efficiency and the impartiality of the cases. Nevertheless, current rules on administrative proceedings summary procedure are not perfect, thus a further study and more details of it are needed. The purpose of this article is to improve the rules though discussing the theory of summary procedure of administrative proceedings and putting forward some suggestions.There are five chapters in this article:Chapter one, the overview of the summary procedure of administrative proceedings. This chapter introduce the conception of the summary procedure of administrative proceedings, and difference from other proceedings, and the summary procedure of administrative proceedings in abroad. Compared with summary procedure of other proceedings, it is concluded that the summary procedure of administrative proceedings itself characteristics; Compared with summary procedure of administrative proceedings in abroad, it is concluded that can draw lessons from.Chapter two, the reason of add the summary procedure of administrative proceedings. From two aspects of theoretical foundation and realistic foundation to discuss the reason, and affirm the correctness of this system.Chapter there, the rule of summary procedure in the newly revised Administrative procedural law. This chapter introduce in detail the rule from three aspects on the scope of application of summary procedure, the trial organization and the trial period, program transformation.Chapter four, the deficiency of summary procedure in the newly revised Administrative procedural law. It is short of five aspects,the scope of application of summary procedure, the trial organization, the trial period, program transformation and the trial rulesChapter five, the improvement of summary procedure of administrative proceedings. The suggestions for improvement of summary procedure of administrative proceedings will be put forward form five aspects, so that our system can better play to the due value.