Reseach On Summary Procedure Of Administrative Proceedings In China

The summary procedure of administrative litigation is beneficial to improve the efficiency of administrative litigation,to realize the rational allocation of judicial resources,and to protect the legitimate rights and interests of the administrative counterpart in a timely manner.At present,many countries?regions? have set up the summary procedure in the administrative procedure law,there is a trend of low cost and high efficiency in the practice of international judicial practice.In 2014,the newly revised administrative procedure law of the People's Republic of China provides the first time for the summary procedure of administrative litigation in the form of law,act as the diversification of administrative litigation cases classification administration disputes and provide a legal basis to solve.After a period of practice,combined with the addition of three laws and regulations on summary procedures,the scope of application of the summary procedure of administrative litigation is too simple;the conditions of simple procedure to the general procedure is more vague definition;provisions of the forty-five days of the time limit for concluding trials appears slightly longer;government information disclosure cases to apply the summary procedure is not reasonable enough.Therefore,the above four aspects need to be further explored and improved,there are five chapters in this article.Chapter one,the fundamental theory of the summary procedure of administrative proceedings.The first part is the connotation of summary procedure of administrative litigation,secondly,it compares with the ordinary procedure,the civil procedure and the summary procedure system of criminal procedure,summarize the value of administrative litigation summary procedure itself.Chapter two,introduce the reason of add the summary procedure of administrative proceedings.from two aspects of the dilemma of Collegiate trial system of administrative litigation in China and the realistic conditions of the summary procedure of administrative litigation in China to affirm the necessity and scientificity of this system.Chapter three,this article mainly introduces the law,Germany and Taiwan in our country on the summary procedure of administrative litigation,learn from its practices to improve China's summary procedure.Chapter four,introduces the new revision of the administrative procedure law of China on the summary procedure,and analyzes the existing problems.Chapter five,the Perfection Strategies of the system of new summary procedure in administrative litigation law of our country.