Font Size: a A A

On Establishment Of Summary Procedure In Administrative Procedural Law

Posted on:2014-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X K WangFull Text:PDF
GTID:2266330422966794Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The single general procedure is applicable to the conclusion of a large number ofadministrative cases. It plays an important role in protecting the legitimate rights andinterests of the administrative counterparts. However, with the development of society andeconomy, people’s consciousness of right grows, and accordingly, the number ofadministrative cases increases. If all the administrative cases shall be tried with the generalprocedure, not only the judicial resources would be wasted, also the litigants’ legislationcosts would be increased to a certain extent.The administrative litigation summary procedure is simple, fast, and can also satisfythe inherent requirement of procedural justice. It can not only solve many simpleadministrative cases timely and effectively, but strengthen the legitimacy of generalprocedure. With it, the judicial resources can be reasonably distributed to complex cases tofacilitate a good combination of efficiency and fairness.Building it can meet the need of solving the difficulties facing the general procedure,the need of promoting the harmonious development of efficiency and justice, and the needof protecting the just claim of the administrative counterparts, which proves the buildingto be practical and necessary. The characteristics of administrative litigation itself makethe summary procedure applicable, the judge team’s growth and the judicial reformexperience have created favorable conditions for the building, and the accumulatedprecious experience of it in the civil and criminal judicial practice can be used forreference for the establishment of administrative litigation summary procedure system ofour country.It should be start with the formulation of the principles that the administrativelitigation summary procedure should follows, the stipulation of scope of application andthe specification of operation rules of administrative litigation summary procedure andother aspects, assuring that the procedure be simple, and at the same time the exercise oflitigation rights of the parties be protected.
Keywords/Search Tags:administrative litigation, summary procedure, efficiency of litigation
PDF Full Text Request
Related items