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Construction Of Administrative Litigation Simple Procedure

Posted on:2012-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:H YinFull Text:PDF
GTID:2216330338472586Subject:Law
Abstract/Summary:PDF Full Text Request
Since the establishment of administrative litigation system , a single administrative litigation general procedure contribute to solve a large number of administrative cases.It has played an important roles in the protection of legitimate rights and interests of the administrative counterpart.However,with the development of economic society,administrative activities is expanding.Justice needs of people is increasing.a single administrative litigation general procedure has become backward and conservative.If all the administrative cases don't differentiate and apply to normal procedure to solve disputes in the administrative lawsuit,its complicated procedure and steps settings will lead to a big increase in the number of litigation costs,which limited the judicial resources disposition.So,in order to reduce the lawsuit cost and improve the efficiency of the administrative trial,shorten the trial period,the administrative litigation simplify become a trend.Adding administrative litigation simple procedure deal with some administrative cases.It contribute to save judicial resources and raise the efficiency of lawsuit to achieve judicial resources disposition.Finally,it achieve efficiency and fairness of the organic unity.Because of the particularity of the administrative authority,people have the wrong understanding to administrative litigation simple procedure.They thank that construction of the simple procedure can damage the judicial justice,and can not protect the legal rights and interests of the administrative relative person.It directly influence the construction of the simple procedure.The reasonable definition of administrative authority is the foundation and premise.When administrative authority implement administrative behavior.They firstly must obtain evidence.Then,they make administrative decision.This affects the summary procedure related procedure settings.Firstly,i research the theory of administrative litigation simple procedure building in the second part of the paper. Secondly, According to the specificity of administrative body,the diversity of administrative actions and administrative proceedings costs controllability,i analyzed their impact to simple procedure.But,the core of administrative litigation simple procedure is saving litigation cost and improving trial efficiency. By comparing between litigation cost and mediation cost,i suggest to introduce administrative mediation procedure in the summary procedure.I proposed to the idea of construction of administrative litigation simple procedure. It consist of general summary procedure and ordinary simple procedure.Ordinary simple procedure include emergency trial procedure.Finally,administrative litigation mediation procedure not only suitable for general summary procedure but also ordinary simple procedure.I suggest to introduce administrative litigation mediation procedure in simple procedure.
Keywords/Search Tags:simple procedure, litigation costs, administrative litigation mediation
PDF Full Text Request
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