Research On Summary Proeedure Of Administrativeproceedings

With the acceleration of the construction of administrative legal system and the strengthening of the people’s awareness of protecting their legal rights, administrative cases over China are noticeably increasing. In judicial practices, the existing collegial system of administrative proceedings of China, confronted with various obstacles, is more and more unsuitable for administrative adjudications. With the promotion of the Notice of the Supreme People’s Court on Carrying out the Pilot Program of Summary Procedure for Administrative Lawsuits(Hereinafter referred to as Notice), which was issued by the Supreme People’s Court of China, the people’s courts at all levels have started their own explorations and practices. In Shanghai, Zhejiang, Shandong and Hainan, for example, the people’s courts have released specific regulations of the Administrative Procedural Law summary procedure. But, since this summary procedure is still in its beginning stage, inevitably, some problems have popped up in the judicial practices in the above-mentioned pilot areas, which need to be perfected.In this thesis paper, the author attempts to start with the interpretation of the collegial system in the administrative proceedings of China, systematically analyzes the status quo, including the problems, in the enforcement of the summary procedures of China, and proposes his initial conception of constructing a legal and effective Summary Procedure of Administrative Litigation in China. The whole paper falls into four chapters. The first chapter focuses on the jurisprudential analysis of the Administrative Procedural Law summary procedure, starting with the basic concepts in the very procedure and applicable scope. By comparison of the summary procedure of administrative litigation and civil summary procedure, it further clarifies the characteristics of the former. Chapter two summarizes the existing judicial explanations and concrete operating regulations of the summary procedure. Meanwhile, it analyzes various established regulations and points out problems existing in the application of the Administrative Procedural Law summary procedure. Chapter three addresses respectively the features of the Administrative Procedural Law summary procedure in Germany, the Netherlands, and Taiwan area, pointing out the strengths of these procedures and their revelations to China. Chapter four, considering problems in the pilot program of summary procedure for administrative lawsuits, makes legislative suggestions for the perfection of the procedure in question.