On The Construction Of Emergency Procedure In Administrative Litigation In China

In 2015,the new "Administrative Procedure Law" published,it caused a huge response,these new provisions focus on the protection of the righ ts of citizens,legal persons and other organizations,but also to strengthen the administrative power constraints,and broaden the ways of the "people sue the public".But with the continuous progress of society,and the awareness of civil rights is growing,the new "Administrative Procedure Law" also can't solve many problems,some rights and interests of citizens still can't be effectively protected.In the jud icial practice,such as civil serv ice examinations,because the qualification does not pa ss,the parties need a quick review of the court to give a result.However,the judicial current situation of our country can't be achieved.However,by studying the F rench emergency proceedings,you can find this system is a good solution to our problems,therefore,this paper will st udy the French emergency proceedings,try to construct a su it of China national conditions of the administrative litigation emergency hearing procedures.The article is divided into four parts.The first part studies the administrative procedure.First of all,the emergency hearing procedures and summ ary procedures,pre-implementation and the general procedures are compared.Secondly,it carries on the thorough analysis to its unique value localization.Thirdly,it analyzes the relationship between the administrative litigation emergency hearing procedure and the administrative action public pow er,Explain whether the existence of an urgent hearing process will affect the adm inistration.Finally,it discusse s the coordinati on between the emergency hearing procedure and the principle of non-suspension.The second part starts from the current s ituation and the existing prob lems of the urgent hearing procedure in our country,through the introduction of China relevant legal provisions and judicial practice,analyzes t he problems exi sting in our country,points out its feasibility and necessity.The third part carries on the extraterritorial investigate,emphasis is placed on the introduction of the French em ergency procedure,and th rough a careful analys is of the French emergency proceedings,in order to provide some inspiration to our country how to establish the emergency hearing procedure.The fourth part is the conception of the ur gent procedure of establishing administrative litigation in China.In the Fren ch system after the inspection,acc ording to China actual situation,from the pre-trial stage,the tr ial stage and the stage af ter the start detailing how to b uild the content of an emergency process order that is appropriate to our own country.