On The Construction Of Summary Procedure In Administrative Litigation In China

Since administrative procedural law was implementation in 1990, the judicial practice indicates that the establishment of the lawsuit system provided an effective method to protect the plaintiff' right and supervise the government to exercise authority. With the establishment and the development of the market economy and the successful entrance to WTO, china has become stronger and stronger in economy. Economic development also makes the government a more important role. The increasing trade activities have enhanced the contact between different entities, which also inevitably has brought more disputes. This new situation means a challenge as well as an opportunity to the government, as well as the legal norm and system for administrative procedure. On one hand the government is required to transform the government function according to the market economy in an efficient and impartial way in order to increase efficiencies and serve the society economy as well as people. On the other hand, nowadays people are entitled with more rights to protect themselves from the government. So it is a goal for the court to protect people' litigious right impartially and effectively.As all we know the judicial resource is limited and how to make a good use of it to protect the party' rights and interest is a problem crying out for solution. At present all administrative dispute are dealt complied with the same procedure which has a huge detriment. Summary procedure will be the best choice to solve the problem about the rational distribution and usage of the judicial resource. The paper begins with the possibility and necessity of the construction of the administrative summary procedure, and subsequently study and analyze the related factors. The analysis of the related factors creates helpful conditions to rational and scientific construction of the summary procedure. the paper mainly introduce how the object of the administrative examination ,the particularity of the subject of administrative procedure, the variety of the administrative act impact the summary procedure in the second part. In the last part the writer put forward some suggestion about the related regulation and system for the summary procedure based on the particularity of the administrative procedure. And this chapter consists of 2 parts, one part is the regulation about the scope of application for summary procedure, the other one is the design of the concrete procedure.