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On Establishment Of Summary Procedure In Administrative Litigation

Posted on:2014-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:H L XiaoFull Text:PDF
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Abstract:The establishment of summary procedure in administrative litigation is the common voice of academia in recent years。The scholars that devoted to the study of summary procedure in administrative litigation are more concentrated in the feasibility and necessity of administrative litigation and also specific ideas of summary procedure in administrative litigation summary procedure. However, in the judicial practice,the summary procedure of administrative litigation in improving the efficiency of lawsuit, guarantee the effect of procedural justice, save litigation costs, reduce the court pressure is not obvious. This article summarizes the theory argumentation of necessity and feasibility of summary procedure in administrative litigation, and also examine the reason according to the plight of administrative trial. The article analyses and finds that the scholars have not fully considering the reality of administrative litigation,and many reasons for lack of necessary connection with the summary procedure.In fact, the establishment and implementation of the summary procedure in administrative litigation can not improve the efficiency of administrative litigation, even aggravate the phenomenon of judicial injustice, resulting in negative results run counter to one’s desire in the present circumstances. Finally, this paper makes some suggestions about how to improve the administrative lawsuit efficiency.
Keywords/Search Tags:administrative lawsuit, summary procedure, efficiency, generalprocedure
PDF Full Text Request
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