Research On Rights In The Summary Procedure Of Administrative Litigation

As early as the 1960 s,many foreign countries have begun to explore the design of administrative litigation related systems,and gradually created the earliest "Administrative Litigation Law." Moreover,each country continues to make appropriate explorations and modifications based on its own reforms and progress,and innovatively proposed more advanced procedures such as summary procedures.The summary procedure of administrative litigation in our country is gradually established after learning from the excellent experience of foreign countries and focusing on the legislative situation and social reality of the country,and referring to the civil litigation system.The summary procedure' essence is for improving the litigation efficiency of administrative litigation,and avoiding lengthy ordinary litigation procedure to hear simple cases,and effectively improving the rational allocation of administrative litigation resources.However,in the past few years,by observing the actual situation of the summary procedures implemented by the courts of first instance,it was found that the courts of first instance have problems in the application of summary procedures in an active manner that are incompatible with the original purpose of the legislation.The most important thing is that the applicability of summary procedures is low,and there is no real to achieve the expected goals,many cases have not achieved simplification and diversion,and the deeper problem is that the litigant trial mode leads to insufficient protection of the litigant rights of the parties,which makes the parties unwilling to apply the procedure.In this paper,it will base on the legal provisions and judicial interpretations of the summary procedure,and combine with the actual situation,from the perspective of the rights protection of the parties,analyze and study the summary procedure of the administrative litigation.It is divided into four chapters,from the three litigation rights of the parties should have to analyze.The first chapter is the introduction of the summary procedure of administrative litigation.First,it summarizes the meaning of the summary procedure,and points out its characteristics in order to better understand the specific content below,and analyzes its legislative background and functional orientation.At the same time,it discovers the main problems in the practical application,which indirectly leads to the key points discussed in this paper—the lack of rights and perfection.The second chapter is about the analysis of the rights protection of the parties in the summary procedure of administrative litigation.Following the problemsmentioned above,the three specific manifestations of the lack of rights are pointed out,and in this way,the necessity of guaranteeing the rights of litigation and the specific criteria for judging whether rights need to be guaranteed are deeply considered.Then,based on the views and judgment criteria of all parties,it explains in depth that three rights need to be protected.The third chapter introduces the relevant rights of the parties in the summary procedure of extraterritorial administrative litigation.It mainly introduces the provisions related to the three litigation rights of the parties in the summary procedures of France,Germany and Taiwan,and provides them to the legislative organs of China for reference.The fourth chapter is the perfection and relief of the parties' rights in the summary procedure of administrative litigation.This chapter is not only the summary of the above,but also the final sublimation of this article,it mainly proposes reasonable suggestions for perfecting the three rights,and provides a relief mechanism to fully protect the litigant rights of the parties.