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The Improvement Of Administrative Litigation Summary Procedure

Posted on:2021-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:R R YuFull Text:PDF
GTID:2416330623469994Subject:legal
Abstract/Summary:PDF Full Text Request
In 2015,China's new "Administrative Procedure Law" added summary procedures.The new law has systematically regulated the scope of application of summary procedures,trial organization,trial time,etc.,but there are still many problems in the rules themselves and in practice.This is reflected in the following: First of all,the provisions on the scope of application in legislation are too simple.The scope of application must meet both substantive and formal standards.There are too few positive and negative enumeration cases.There are problems in the application of summary procedures for government information disclosure cases.;Secondly,the relevant trial rules are not detailed enough,how to simplify the simplified procedure and to what extent,how the procedure is transformed,and only stipulate the application of the sole appointment system,these need to be further refined;in addition,the start of the simplified procedure The upper court has only the right to start,and has no obligation to restrain it.It is unclear when to decide on the application of summary procedures.Finally,the mediation system,as an important way of closing cases,is not specified in summary procedures.In practice,the problems of low applicability and low acceptance of summary procedures have arisen.Although the summary procedures have undergone many years of pilot work,the application rate of the system has not increased significantly since its promulgation and implementation;There are two aspects.One is that different courts have different degrees of recognition of summary procedures.The other is that the parties are not familiar enough with it,which leads to low recognition.Through theoretical explanation and drawing on the advantages of other countries and regions regarding the provisions of summary procedures,the summary procedure of administrative litigation in China can be improved as follows: First,the provisions of the scope of application should be improved,and the bottom clauses should be added to the formal standards to refine the exclusion of application Cases,put government information disclosure cases into ordinary procedures for trial;secondly,refine the trial rules,adopt the single-use and collegial system of trial organizations,simplify the corresponding procedures as appropriate,clarify the rules for the transformation of procedures,and shorten the trial period;again,The starting method of summary procedures is clarified,and the courts are given the rights and obligations to start the procedures.The filing court can also directly determine the application,and the parties agree that the summary procedures can also be applied.Finally,the application of the mediation system in the summary procedures is specifically improved.
Keywords/Search Tags:Administrative Litigation, Simple program, Institutional issues, Perfect suggestions
PDF Full Text Request
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