Research On The Judicial Application Of The Summary Procedure Of Administrative Litigation In China

Diversion of complexity and simplicity is in line with the general law of the development of the judicial system in the world today.In the world,it is common to face a sharp increase in the number of lawsuits,low efficiency of litigation and high cost of litigation.Resolving disputes in a timely manner through the establishment of simpler procedures,smaller litigation procedures,plea bargaining and other faster and cheaper procedures has become an important option for the reform of the litigation system.With the implementation of the case registration system and the implementation of the new "Administrative Procedural Law",the rising number of administrative cases has become the norm,and the administrative court of the People’s Court is facing tremendous pressure.For the settlement of administrative disputes,the ideal state should be to simplify the handling of simple cases through simplified procedures,so that judicial resources are reasonably allocated.From the perspective of system design,the simplified procedure of administrative litigation should be an important way to relieve the pressure of administrative trials and promote the rational distribution of judicial resources.However,judging from current judicial practice,the value of the simplified procedure of administrative litigation has not been brought into play.The reasons can be analyzed from the two aspects of legal norms and judicial practice.Through the analysis of the legal provisions,we can know that the current provisions of the simplified procedure are too principled,and the operability is not strong,and the provisions on the scope,application and other aspects of the simplified procedure are not scientific and reasonable.Through the analysis of the application of the simplified procedure of administrative litigation in judicial practice,it can be found that there are many problems such as the low application rate and inconsistent application rules in the current judicial procedure.In order to promote the structure of simplified and streamlined procedures in administrative litigation and bring the value of summary procedures into full play,the relevant provisions should be improved from the legal and regulatory level,and the applicable rules of summary procedures in judicial practice should be unified.