The Research On The Administrative Immediate Judgement

Facing the increasing judicial demands of people,the supply of judicial resources is in short supply.People's courts at all levels continue to improve judicial functions,reform and improve judicial mechanisms,and actively innovate dispute resolution mechanisms with the aim of“judicial for the people”.The court is committed to providing various relief channels for the parties,guiding the parties to independently choose and quickly resolve disputes,and adopting a fixed trial method in the face of complicated cases is not in line with the trend of social development,and expedited procedures emerge as the times require.The "fast-track procedure" referred to in this article is a new type of trial procedure that the court has explored in practice in the face of the above problems.First of all,in the face of the contradiction between many cases and few people,the method of blindly increasing staffing is not a long-term plan.The summary procedure of administrative litigation is limited by the scope of the case.The trial procedure is still restricted by ordinary procedures and the court is in a passive state.The arbitration process is in line with the value pursuit of the trial economy,which is not only in line with the trend of streamlined and streamlined reforms,but also supported by policies and practices.Secondly,because the administrative expedited procedure arises from practice,most of them are based on the use of local resources and lack of overall consideration.The specific implementation rules of the courts in judicial practice are significantly different,mainly reflected in the convergence of the scope of acceptance of the summary procedure,the level of trial and the trial There are also differences in the organization of the organization,and the courts have placed excessive emphasis on trial efficiency.Finally,the Supreme People's Court may request the National People's Congress Standing Committee to authorize the trial of the construction of the administrative expedited procedure.The system design of the administrative expedited procedure shall be linked to and managed by multiple layers to ensure the operation of the expedited procedure and grant the expedited procedure Independentprocedural value;follow the principles of balance between justice and efficiency,the principle of coordination,and fully protect the parties' lawsuit rights;the scope of the case can be regulated by "generalized +enumeration + exclusion".The start of the process is led by the judge and the parties The mode of negotiation fully grasps the connection between the pre-litigation and the litigation service center.Each court can set up an expedited tribunal.Judges generally grasp the trial procedure in accordance with the provisions of the expedited rule,but they must protect the parties' right to litigate;explore the elemental court trial and the form of judgment documents.To improve the trial efficiency to a limited extent,and to contribute to the reform of administrative trials that are simple and divergent.