| As a kind of efficient and convenient dispute resolution mechanism, the summary procedure has been regarded as a "good medicine" of litigation, and has become an important institution within administrative litigation in most modern countries and regions. Administrative litigation law published in1989did not admit to apply summary procedure in the administrative proceedings, which was determined by the specific historical circumstances of the time. At present, all aspects of the conditions for setting up summary procedure have been mature. Through a comprehensive analysis of summary procedure, this paper is mainly trying to put forward concrete ideas of its system construction. I hope this paper can play a valuable role in promoting the construction of summary procedure.The text of this paper is divided into four parts:The first part introduces the general theory of summary procedure, including the background of the current justice system of administrative litigation, definition and its basic theory, in order to give a comprehensive analysis of the level of theory.The second part has a introduction and comparison of summary procedure among France, Germany and Taiwan of China. Through comparison and review of the relevant provisions of the extraterritorial countries and regions, we may have a broader idea in the construction of summary procedure.The third part proposes the necessity and feasibility of building a summary procedure of the administrative litigation, according to theoretical research on summary procedure and the notice released by the Supreme Court.The fourth part is the main and core of this paper, in which detail specific ideas of construction of summary procedure are discussed from four aspects. It includes its scope of application, the form of judicial organization, parties procedural option given, and some specific rules of procedure design which involves the establishment of a number of specific systems from the indictment and trial to judgment and appeal,... |
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