Discussion On Setting Of Summary Procedure In Administrative Litigation

Justice and efficiency are the main subjects of the People’s courts activities. The relationship between justice and efficiency is one of the hot issues in the21st century.The judicial process of the People’s court is fundamentally based on the judicial justice and the improvement of judicial efficiency, which are also the essence of judicial activities. Justice can coexist with efficiency in the judicial procedure. The ordinary program being applicable is undoubtedly one kind of waste to the judicature resources.Hence, the summary procedure may be adopted to some of law cases. The system set up that regularly adapts to the administrative litigation sentence have to be established, but establishing the summary procedure of administrative litigation is the safeguard of the valid method that two unite.《the People’s Republic of China administration procedural law》 and the relevant judicature expounds all not putting up the summary procedure of administrative litigation The ordinary program is poured into practice in the all administrative litigation. The court deals with the administrative without the summary procedure.This regulation is necessary at the administrative litigation initial stage phase to assure law case quality. Yet with the development of the administrative litigation system, some questions are bring about. The administrative summary procedure should be set up for the sake of legislate tendency to gain immediate benefits. To resolve amounts of the administrative controversy, we should found up the administrative summary procedure. To achieve the justice and efficiency of the summary procedure, the administrative litigation summary procedure should be designed according to the different features of various cases.This paper attempts to build up the basic structure of the administrative litigation summary procedure in China by focusing on the necessity and feasibility of establishing this summary procedure. The paper is divided into four sections:The first section is the theory of administrative litigation summary procedure, which introduces the present situation and the problem of administrative judicial procedure. Second section mainly deals with the necessity and the feasibility of setting up the administrative litigation summary procedure. This section tries to analyses the reasons that the summary procedure was not adopted by the administrative procedural law. In order to save the labor powers and financial resources, the summary procedure should be built up. This section aims to obtain some useful lessons from the successful experiences of foreign countries, especially those of the countries which belong to the civil law system. Moreover, the cost-benefit analysis has been used as an important means of research. Third section sets up the concrete ideas of how to construct the administrative litigation summary procedure. First of all, the paper discusses the fundamental rule of the administrative litigation summary procedure. The scope of the administrative litigation summary procedure should be considered and broadened to the more cases.Two kinds of simplification patterns can be used in the summary procedure:One is the simplification of the program of the cases dealt by the judge himself. The other is the simplification of the general procedures of the administrative litigation. As to the problems that people’s court ought to pay attention to when they employ the administrative litigation, the paper also sets aside some spaces for them.In short, unless the administrative procedural law is not revised and the summary procedure is not added to it, the discussion about the foundation of the summary procedure will be destined to continue. This paper strongly expects to act the action of casting a brick to attract jade and make some contributions to the development and prosperity of the Chinese administrative procedural law.