Research On Improving Our Administrative Proceedings Summary Procedure

The balance of justice and efficiency is a longtime pursuit of human beings. In order to relieve the low efficiency of litigation such as delay and cases backlog,countries all round the world began to build summary procedure of administrative proceedings. Its simplicity and fastness does contribute to litigation efficiency, judicial resource allocation and justice for all humans.However, China had not established administrative proceedings summary procedure in the 1989 Administrative Procedure Law. Instead, it regulated that the people’s courts should adopt collegial system in the administration of justice. In the sake of judicial practice, the Supreme Court issued The Note of Doing Pilot Work on Administrative Proceedings Summary Procedure in 2010.Pilot work began to carry out in our country and made good effectiveness.In 2014, the newly revised Administrative Procedure Law adds three new clauses on administrative proceedings summary procedure, which conveys recognition to achievements made in pilot work and symbols that administrative proceedings summary procedure is firstly admitted at the legislative level. Nevertheless, current rules on administrative proceedings summary procedure are not perfect, thus a further study and more details of it are needed. Specifically, administrative cases in which summary procedure is followed should be more definite; the single judge in summary procedure shall be equipped with rich trial experience; allow parties to object summary procedure for good cause; make a good explanation of administrative proceedings summary procedure for parties in the pretrial procedure; cases in which summary procedure is followed should be held a hearing, an exception(examining a case on the basis of documents) is admitted occasionally and judges can slightly simplify the court procedure; judgments of cases in which summary procedure is followed should be pronounced in court, an exception( pronouncing a judgment regularly) is admitted occasionally and judges can slightly simplify judgment documents and shorten the delivery time.