Research On The Legal Problems Of The Separation Of Listed Companies

Compared with the other two procedural systems,the system of administrative litigation has many disadvantages,such as slow development,incomplete construction and uneven development.The summary procedure of administrative litigation has not received much attention as one of the important contents for a long time.With the development of the new administrative procedure law,the system of administrative law has been optimized and upgraded in a comprehensive way,and the simple procedure of administrative procedure system has been born a rudiment.But there is only one basic system that is difficult to meet the demands of our country's complicated administrative litigation.In this case,the excellent experience of foreign countries can be used for reference.It is well known that the value pursuit of litigation is,on the one hand,to realize the fairness of litigation,on the other hand,to enhance the efficiency of litigation,the realization of the harmonization of the two is the ultimate value pursuit of litigation.The term efficiency is an economic term that refers to generating as much benefit as possible with as little input as possible.The original purpose of establishing summary procedure in the major procedural law is to save the parties 'time,so that the judge can close the case as soon as possible,reduce the time for handling the case,shorten the trial cycle,and also realize the fairness of the proceedings between the two parties,giving both the original defendants a satisfactory court outcome.The summary procedure is shorter than the ordinary procedure,the trial result comes out quickly,reduces the court pressure,saves the judge resources and so on many advantages.In practice,however,because of the ambiguity of the legal limits,it is difficult to distinguish between the simple procedure and the ordinary procedure in the administration,and even there are many instances of misuse.In essence,this is due to the similarity between the application scope of summary procedure and ordinary procedure in administrative cases,and the fact that there are no special judicial organs in the norms of various administrative laws and regulations,which leads to the adhesion of simplified procedure with ordinary Administrative procedure in administrative procedure cases and the effect of practical application can only be satisfactory.In the newly issued Administrative Procedure Law of the People's Republic of China,Article 82 systematically limits the application of summary procedure in administrative cases on a large scale in terms of the scope of application,the organization of case hearing and the time limit for trial.These laws and regulations are also the first time in our country to write the summary procedure in the administrative procedure law,also is our country administrative lawsuit case general summary procedure please ordinary procedure restriction,the first step of independence.However,due to the problems of time and experience,I think that this law,although filling the gap in the administrative procedure,is not perfect,can once and for all.However,due to the problems of time and experience,the author believes that this law is not perfect,but it is not perfect,once and for all.This paper consists of three sections,the first part of which is to understand and analyze the meaning of the summary procedure in administrative cases,and to analyze the concept of the relevant laws of our country,and to compare with the general procedure.The first part also covers the second part of the summary procedure,the value of the summary procedure in administrative cases This paper analyzes the development and improvement of summary procedure in administrative cases in Germany,France and Taiwan,and from the point of view of adding the application of summary procedure,simple listing,oral prosecution,etc.The third section is the deficiency of the present administrative procedure,which should be perfected in the application of law and the measures to be taken.The author believes that the improvement of the present summary procedure in administrative law and administrative procedure law should be limited in application scope,how to start the summary procedure in administrative cases,raise the level of the trial court,include the collegial panel in the summary procedure of administrative cases,increase the administrative mediation and court reconciliation in administrative cases in the middle and simple procedures,the most likely to enrich the application of summary procedure in administrative cases.