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Research On Summary Procedure Of Chinese Administrative Proceedings

Posted on:2012-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:J HuangFull Text:PDF
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The collegiate bench trial system of administrative case provided in<The administrative procedure law> had its practical necessity and pertinence when administrative proceeding was born in Chinese. After running for more than twenty years, it has played an indelible important role in the protection of citizens, legal persons and other organizations'rights, maintenance and supervision in the exercise of executive power. Furthermore, it has played a significant role in promoting the establishment of the market economic system, administrative management of the legal system, and the construction of democratic politics. But with the development of the social politics, culture and the market economy, not only the number of administrative disputes increases, they have showed diversified types and the complication tendency. Thus the administrative law enforcement and administrative litigation will face two contradictions, one is the contradiction and balance of judicial justice and efficiency, the other is the contradiction and balance of administrative efficiency and the citizens'right. Also because of the collegiate bench trial system of administrative case, the administrative litigation system sets access barriers and larger system selection risk for citizens when they resort to the court. Therefore, when admitting the value of judicial justice, it is reasonable and feasible to pursue the efficiency of judicature, administration and the protection of civil rights. This move can also alleviate the contradiction and conflict between the administrative law enforcement and administrative litigation. With the equitable idea of justice and efficiency, the reforming measures for administrative litigation system is to set simple administrative proceedings. In order to demonstrate the simple administrative proceedings, this article will contain the following three parts.The first part defines the basic problems of the simple administrative proceedings. The concepts of the summary procedure are different in various countries, and their common feature is the understanding is relatively broad, our country's is relatively narrow because of the "comments law researches". In our opinion, besides the general features of summary procedure, the simple administrative proceeding is an easy, simple and convenient way of judging and finding to certain cases used by the basic people's court and its dispatched court. It can reduce the work loading of the courts, reduce the cost of litigation, speed up the process of administrative litigation, and protect the legal rights and interests of the parties better. The theoretical basis of simple administrative proceedings contains benefit theory and the administrative lawsuit type theory, the former can be divided into the benefit value of fair value, and the balance between administrative efficiency and civil rights protection.The second part argued function and basis of reality to set simple administrative proceedings in China. Its function lies in the judicial resources'better establishing, litigation efficiency's improvement; it can alleviate the pressure caused by power shortage and cases abundance; and it is helpful to perfect the legal system in our country. Further, the particularity of the administrative litigation, the rich local resources and plenty of foreign experience of summary procedure create favorable conditions to our country's simple administrative proceedings. And the more legally set administrative acts provide legal soil for summary procedures, the strengthening of administrative judicial personnel quality acts the security of the finding power of summary procedure.The third part refers to the construction of the summary procedure in China. This part fully considers the< about in administrative litigation simple procedure of the pilot notice> on November 17th,2010, however, not limited to it. Instead, we argue the basic problems of summary procedure--the basic value orientation of it, litigation structure mode, the introduction of mediation system from the original intention of setting up summary procedure and its inherent characteristics. Then we discuss the specific system designs of summary procedure. It mainly concerns the demonstration of application scope of simple administrative proceedings, the starting rules of it, the judicial personnel rank, simplified pretrial procedure, the lonely trial organization, simplified finding procedure, easy litigation document making, and the cohesion and conversion between summary and ordinary procedure, etc.
Keywords/Search Tags:Administrative Proceedings, Summary Procedure, Judicial Fairness, Judicial Efficiency, Minimum Standard of Justice
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