Explore And Analyse Summary Procedure Of Administrative Litigation

With the continuous development of society and economy, people’s rights awareness is also rising.More and more people want to resolve the dispute through legal channels and the number of administrative cases and new types of litigation are also rising,so need to invest more judicial resources,but judicial resources,like other resources are limited,so use simple and fast summary procedure to hear some simple administrative cases,it is an effective method for save judicial resources.With the increase in the number of administrative cases and new types of litigation,also need to rethink and look at the relationship between justice and efficiency,look for a good balance between them.The purpose of the summary procedure is to achieve justice and efficiency of litigation,except to simplify the litigation proceedings,the summary procedure also achieve justice at the same time,so that not just the ordinary procedure can achieve justice of litigation.Setting summary procedure of administrative litigation need to grasp the relationship between justice and efficiency,such as the design of specific procedures need to be simplified in which stages and link.Summary procedure simplify some according procedures of the litigation based on the reality and does not simplify basic litigation rights of the litigants and summary procedure also own the basic elements of protecting litigants’ litigation right.This paper analyzes the advantages and disadvantages of summary procedure of administrative litigation in practice.In judicial practice,the summary procedure of administrative litigation showing many advantages,we are sure it’s advantages,but we should face up to its shortcomings at the same time.The first step is must to identify shortcomings in summary procedure of administrative litigation and make serious thinking and correct view and then can we put forward proposals for improvement pertinently.The paper include comparison and reference with the three summary procedure and comparison and reference with extraterritorial summary procedure of administrative litigation.By comparison,we can find each other’s advantages and shortcomings.Therefore,by comparison,can draw some useful experience for the improvement of summary procedure of administrative litigation,whether it is legislation or practice experience,such as the improvement of the scope of application and the simplification of procedure,etc,and to learn.In order to adapt to the social and economic development,it is necessary to improve summary procedure of administrative litigation.Improvement is not easy,it is a complex project,which involves the legislation, justice and other levels.The improvement need to combine theory and practice and achieving improvement in legislation and practice.In this paper,the last part of the text put forward some proposals for improvement for summaryprocedure of administrative litigation,including some improvement suggestions on the scope of the case and the trial process and manner of the specific rules of summary procedure of administrative litigation.