Research On Summary Procedure Of The Chinese Administrative Proceedings

Different from the civil and criminal lawsuit, our administrative proceedings has been using common procedure on the trial, no regulation simple procedure, it affected to some extent the administrative lawsuit trial efficiency, increased litigant costs and harm the legal rights of the parties. In order to be more reasonable configuration judicial resources and achieve judicial justice and efficiency of both purpose, set up the administrative proceedings of the summary procedure rules, imperative. In this paper, the theory and the practice level of administrative lawsuit summary procedure for comprehensive analysis, propose their own points of view. This article mainly divided into four parts.Part1:The present operation situation of summary procedure in administrative litigation. The main text from law changes and the actual operation changes introduced two administrative lawsuits of the summary procedure development process. Focuses on analyzing "About in administrative litigation simple procedure of the pilot notice" of gain and loss, as well as the local court in the summary procedure of administrative litigation in judicial practice.Part2:The reasons for the rise of the summary procedure in administrative litigation. From improving lawsuit efficiency, reduce the cost of litigation, Trial environment change, and the trend of the legislation both at home and abroad that the four aspects.Part3:Summary procedure of administrative litigation system construction. Draw lessons from domestic civil, criminal summary procedure’s successful experience, as well as the foreign theory and practice from the application scope, judge organization, trial rules the three part puts forward our country of summary procedure in administrative litigation system architecture.