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A Preliminary Study On The Working Mechanism Of Quick Judgment In Administrative Litigation In Reform Of Simple And Easy Diversion

Posted on:2020-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:W KeFull Text:PDF
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The administrative procedure law of the People's Republic of China,promulgated on May 1,2015,for the first time stipulates the "summary procedure" of administrative litigation,which ADAPTS to the new requirements of improving the efficiency of administrative litigation and helps judicial organs to realize the diversion of complicated and simple procedures.Before and after the implementation of the case-filing registration system,the long-suppressed administrative litigation cases have increased greatly in a short time.Civil and criminal judges have been troubled by many cases for a long time,so it is natural that they cannot solve the tension of administrative case adjudicators in terms of personnel transfer.Although it is possible for administrative mediation to be applied and the complicated and simple work before entering the litigation procedure is effective,it is a long-term and effective basic choice to simplify the litigation procedure itself.On September 13,2016,the Supreme People's Court issued several opinions on further promoting the optimization of judicial resources allocation through the distribution of complicated cases,proposing to explore the establishment of a working mechanism for administrative expedited arbitration.In the basic people's courts,if there are no special circumstances to extend the trial limit,most civil cases can be concluded by summary procedure.In addition to the cases that are directly applicable to the small amount litigation procedure after filing the case,the general summary procedure cases can also adopt the quick adjudication mechanism of simple cases.The new criminal procedure law also has provisions on summary procedure,and it only just provides for the quick trial of criminal procedure.Administrative litigation cases are far less than criminal cases and civilian cases in absolute number.However,considering the shortage of administrative adjudicators and the strong professionalism of administrative adjudication,the working mechanism of administrative litigation should also put the work in front.Quick adjudication of administrative cases is only a judicial mechanism to be explored on the basis of the summary procedure of first instance and the judgment of second instance as stipulated in the administrative procedure law,rather than a new start outside the legal procedure as stipulated in the administrative procedure law.The supreme people's court on civil and commercial cases and simplified shunt and conciliation speed cutting operation procedures(try out)"are guidelines for the civil and commercial speed cutting operation,but the article 25 include:" administrative cases of the shunt,the first attempt to conciliate and speed cutting,the present regulations execution ",namely,the Supreme Court has administrative work speed cutting mechanism is given a directional guidance,and part in and simplified shunt pilot reforms carried out speed cutting mechanism of practice.The author tried to from the administrative litigation speed the necessity,feasibility of cutting process,in accordance with the current law and social reality,on the basis of how you can build speed cutting process running mechanism,at the same time in the pursuit of the efficiency of lawsuit,more protect the litigation right of the private parties in administration and supervision over the administrative authority of administrative behavior,guidance,the administrative litigation speed cutting programs from concept to specific rules.
Keywords/Search Tags:administrative litigation, Working mechanism of quick cutting, Triage of complexity, Judicial reform, Efficiency, To protect his right to appeal
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