China’s Simple Procedure System Of Administrative Litigation Research

The diversity of administrative dispute resolution, the administrative relative personthe legitimate rights and interests of the effective guarantee and administrative judgereasonable allocation of resources, make the simplified procedures of administrativelitigation system gradually from marginal to center. Foreign administrative litigationexperience summary procedure of reference, mature domestic legislation of the summaryprocedure is in our legal system environment and homogeneous effective improve furthershows that established in our country administrative litigation summary procedure systemhas its feasibility. China’s administrative litigation summary procedure system originated inplace of the basic people’s court actively explore, get some of the higher people’s court andthe supreme people’s court support. The supreme people’s court relevant administrativelitigation simple procedure of the pilot notice of the institutional innovation is to there is nolack courage, but there are provisions principle, system design is not rational. In order tofurther perfect our country’s administrative litigation summary procedure system, from thesummary procedure shall be the basic principle, application scope, organization, the trialjudge rules and reconciliation and mediation program to five aspects, and then realize theadministrative cases and simplified distributary and the diversification of relief program.Administrative litigation of the summary procedure effective operation also cannot leavethe optimization of the external environment, the need to reshape the administrative judgeidea, and transform administrative mode of judgment.