Research On The Application Of Summary Procedure Of Administrative Litigation

In order to deal with the surge in the number of administrative litigation cases and effectively optimize the allocation of limited judicial resources,the 2014 Administrative Procedure Law was amended to include a summary procedure in administrative litigation.Article 82 sets out the scope of application of the summary procedure of administrative litigation.Paragraph 1 of this article outlines three criteria for the application of summary procedures: "clear facts,clear rights and obligations,and not much dispute",and at the same time enumerates the three situations in which administrative procedures can be applied for summary procedures.However,there are certain problems with the provision of the scope of application of the summary procedure.First,how to judge whether the three criteria of "clear facts,clear rights and obligations,and minor disputes" are reasonable.Second,the three types of cases listed in the law are not classified according to unified classification criteria.The third item “of government information disclosure cases” and the first two items “the administrative action was taken on the spot according to law”,"Cases involving amounts of less than 2,000 yuan" are clearly inconsistent in nature,leading to cross-extensions in the three types of cases.Third,whether the requirements that apply to cases that meet the criteria of “clear facts,clear rights and obligations,and low disputes” and fall into one of the three categories listed are scientific and reasonable.Due to the ambiguity of this provision,different courts have different understandings in practice,and confusion in judicial practice.In judicial practice,there are a large number of situations that do not meet the legal requirements when applying the summary procedure.The scope of cases in which the people's court applies the summary procedure is different from the provisions of Article 82 of the Administrative Procedure Law.Summary proceedings are not applicable because of restrictions imposed by law.These issues indicate that the current three standards and the accumulation of three circumstances before the application of summary procedures are disconnected from judicial practice and should be amended.From the theoretical basis of the definition of summary procedure,the definition of the scope of application of the summary procedure needs to weigh how to choose between judicial justice and judicial efficiency value,and needs to consider the substantive and procedural justice,individual justice and general justice,and the balance between justice and efficiency relationship.Based on the requirements of reasonable allocation of judicial resources and the need for parties to reduce litigation burdens,beneficial to the realization of the purpose of administrative litigation,which is to resolve administrative disputes.Different administrative trial models also have an impact on the scope of application of summary procedures.Considering the two sets of relations between administrative trial rights and administrative powers,administrative trial rights and litigation rights from different angles,the scope of application of summary procedures for administrative proceedings will be different.Secondly,in terms of legal norms,the definition criteria of "clear facts,clear relationship of rights and obligations,and little dispute" should be refined."Facts are clear" includes that the parties are basically consistent in their statements of the facts of the dispute and can provide corresponding evidence.People's courts do not need to investigate and collect evidence to find out the facts."The relationship between rights and obligations is clear and there is not much dispute" combined with the administrative entity law to analyze the three situations listed.The situations in the first and second cases overlap in judicial practice,and the third case is not reasonable in enumerating government information disclosure cases.Defining the scope of application is the most basic issue in the application of thesummary procedure of administrative litigation.When defining the scope,it must take into account the constantly developing administrative litigation practice and leave room for the future.The definition of the scope of application of the administrative summary procedure should not be based on the type of case as a limiting condition.Only substantive standards should be used to judge,and cases that meet the conditions should be applied for summary procedure.