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Study On Establishment Of Summary Procedure In Administrative Litigation

Posted on:2015-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:F Q YangFull Text:PDF
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In the wave of litigation, the contradiction between the limited judicial resources and a surge in the number of administrative disputes intensified. However,<Administrative Procedure Law of the People’s Republic of China>(hereinafter referred to as the "Administrative Procedure Law") didn’t stipulated the summary procedure of administrative proceedings, but apply to the complicated ordinary procedure regardless of difficulties of the cases. Of course, at the beginning of the "Administrative Procedure Law",that is reasonable, and has played a great role in promoting the rule of law. However, with the establishment and development of China’s socialist market economic system and the further development of democratic rule of law, it can’t apply to the current demand. And, the field of civil litigation and criminal litigation in our country have established the summary procedure, and have been more and more mature. At the same time, many countries and regions outside the region have established the summary procedure of administrative proceedings, and their theory research and legislation of summary procedure provides important experience for reference, such as France, Germany, Taiwan. At the same time, in November2010, the Supreme People’s Court promulgated<the Supreme People’s Court promulgated of the pilot implementation of the administrative litigation summary notice>(hereinafter referred to as the "pilot notice")and the district court of the pilot wave also marks that the construction of the administrative litigation summary procedure in China has been the trend of the times. And recently the hot topic of our country administrative legislation field-the6th meeting of the12th session of the standing committee of the National People’s Congress review for the first time<the Law of the PRC Administrative Procedure Law Amendment (draft)>(hereinafter referred to as the "draft") has stipulated the summary procedure of administrative litigation, which suggests that the summary procedure of administrative litigation in our country has increasingly on a path to the rule of law, which is a major breakthrough and progress of our country’s administrative legislation.Although the draft of the administrative litigation summary procedure is in the form of legal provisions, but because it has not yet come into effect, also cannot stop academia of summary procedure academic research and exploration. Therefore, the author adopts the comparative method, logical analysis and so on, hoping that through the general theoretical study on the administrative litigation summary procedure, the feasibility analysis as well as to the domestic and foreign relevant legislation, judicial experience, and then to our country administrative litigation summary procedure specific put forward rational conception of constructing. Through reading related books, periodicals, papers, the author found that the necessity and feasibility analysis have been more perfect. However, in terms of concrete building, the ideas of most scholars have focused on domestic civil and criminal litigation summary procedure as well as the scope of administrative litigation on the summary of experience for reference. The author thinks that relevant experience for reference is beneficial, but out of their own specific national conditions, also can’t really "forms". Therefore, the author thinks that the core of the paper, which is the specific construction aspect, not only beneficial to absorb domestic and foreign relevant experience, but also pay more attention to combining with the domestic actual situation, especially the pilot notice, nationwide pilot practice and the draft first reviewed, hoping to build up in line with the international trend of legislation and to meet the demand of judicial practice in our country’s administrative litigation summary procedure.
Keywords/Search Tags:Summary Procedure, Justice and Efficiency, Administrative Procedure
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