Study On The Summary Procedures In Administrative Lawsuit

Under the background of comprehensive promotion of rule by law and deepening judicial reform, the actual demand of effectively ensuring the legal benefits of the person concerned, substantively solving administrative disputes and rationally distribution of administrative adjudication resources urge the summary procedures system of administrative lawsuits in China gradually to change from peripherization to the center. The Administrative Procedural Law newly-implemented from May 1st 2015, bring summary procedures into the administrative lawsuit so that People's Court can apply summary procedures to hear administrative cases with clear facts, clear rights and obligations and few disputes so that it can realize the diversion of complex and easy administrative cases, save judicial resources, improve judicial efficiency and effectively protect the legal rights of the person concerned. However, there is only a few legislative regulation for the summary procedures of administrative lawsuit up to now, which mainly regulates the principles of some fundamental problems such as application range, trial organization form and level of trial and cannot fully satisfy the various substantive and procedure problems occurred in the administrative trials. Therefore, it is necessary to investigate the summary procedures occurred in the administrative trial, and improve as well as enrich the system construction and operation routes of administrative summary procedures by taking the relevant regulations of civil action as reference, and further promotes the conjunction between procedure construction and judicial demands so as to realize diversion of complex and easy administrative cases, save judicial resources, improve judicial efficiency, which can provide necessary conditions for the optimal effects of summary procedures.As for the above-mentioned aim and objectives, this paper investigates the summary procedures of administrative lawsuits from four aspects:The introduction firstly manifests the significance for studying the summary procedures of administrative lawsuits. And then it cards the investigation status of summary procedures in administrative lawsuits in China and foreign countries. At last, it introduces the basic thoughts and investigation methods.Part 1 is the basic framework for summary procedures of administrative lawsuits. It enhances the operation basis for summary procedures of administrative lawsuits by interpretation of the summary procedures connotations and explaining the basic theories for operation summary procedures, which can provide principle guidance for the operation routes of summary procedures in the following part.Part 2 is the analysis for the running situation of summary procedures in administrative lawsuits. By taking People's Court at all layers in Chongqing as sample as well as data collection for the active factors in the summary procedures operation of administrative lawsuits in Chongqing, on-site investigation and questionnaires, it primarily manifests the actual operation situation of summary procedures and it can also digs out the existing problems by the vertical and horizontal comparison of collected data.Part 3 is the investigation for the application range of summary procedures of administrative lawsuits. It studies the components of application standards for summary procedures and analyzes the application range under basic law provisions framework as well as studies the expansion and improvement of summary procedures under applied case categorization.Part 4 is the improvement and supplementary of the operation routes for the summary procedures in administrative lawsuits. By investigating and analyzing the components of summary procedures in administrative lawsuits, it can provide support for various problems, such as the construction, realization of concrete routes, conjunction and transference with ordinary procedures, and actively rationalize as well as improve the operation routes of summary procedures.