Research On Administrative Litigation Summary Procedure

Justice and efficiency is always the value pursuit of procedural. A good lawsuit system should not only embodies justice, safeguard the people’s right, but also achieve the efficiency of lawsuit. Since1990, normal procedure has been the mode of judgment in our administrative procedure law, which is fit with the established background. But with the development of society, the number of administrative case explosive growth, legal rights consciousness increased, the original trial of ordinary procedure mode has been difficult to meet people demand.In fair condition, people’s requirements about the efficiency of lawsuit is more and more intense. And summary procedure just meet the demand. Also consider to over20years experience in administrative trial, civil and criminal litigation summary procedure and foreign experience, the time of add administration litigation summary is rape. The purpose of the author, through comprehensive analysis, is to provide a theoretical support and put forward the tentative ideas about summary procedure.This paper mainly include the following five parts:The first chapter, the development status and analysis about judgment mode of administrative lawsuit. The author analysis the present situation of the normal procedure, leads to the summary procedure.The second chapter, related theory of administrative litigation summary procedure. Author analyses the meaning summary procedure and administrative litigation summary procedure. Compare administrative litigation summary procedure with civil lawsuits summary procedure and criminal litigation summary procedure.The third chapter, system significance of administrative litigation summary procedure. System significance of administrative litigation summary procedure mainly including litigation costs and the efficiency of lawsuit, administrative behaviour stereotype, alleviate contradictions between judicial resources and case number, security litigation rights.The fourth chapter, theory and practice of administration litigation summary procedure’s feasibility. Author demonstrate the theory of administration litigation summary procedure by analysis summary procedure practice in the major countries.Chapter5, the construction of administrative litigation summary procedure. Based on the above theory, author put forward preliminary idea administration litigation summary procedure, including applicable scope, principles and specific operation rules.