Research On The Summary Procedure Of Administrative Litigation Under The Background Of The Reform Of The Separation Of Complex And Simple

Since the promulgation of the new "Administrative Litigation Law" in 2015,with the application of the case filing and registration system,there has been a large backlog of administrative litigation cases,limited judicial resources cannot handle a large number of new cases in a timely manner,and the people's litigation needs are difficult to meet.The reform is imminent,coupled with a series of pilot work carried out by courts across the country in recent years,and a lot of relevant experience has been accumulated.On May 28,2021,the "Opinions on Promoting the Reform of Separating Complex and Simple Administrative Litigation Procedures" came out,and the nationwide administrative litigation summary procedure reform has entered a new stage.By sorting out the development process of the summary procedure for administrative litigation in my country,the author analyzes the current practical dilemma in the implementation of the system from the necessity and feasibility of the summary procedure for administrative litigation,combined with judicial practice,including three aspects: the degree of approval of the summary procedure.There are great differences in regions,the simplification of procedures derogates from litigation rights,and the simplification standards lack uniformity.This paper discusses how to construct the operation mechanism of the summary procedure on the basis of the current law and social reality.While pursuing the efficiency of litigation,it also takes into account the protection of the administrative counter party's right to appeal and the supervision and guidance of the administrative actions of the administrative organs.The article consists of five parts: First,it summarizes and sorts out the development process of the administrative litigation summary procedure,and shows the evolution process of the system from initial exploration to formal establishment and then to continuous development in practice.The second part is the endorsement of the summary procedure for administrative litigation,and analyzes the institutional value of the summary procedure and the feasibility of its application in our country.The third part combines the actual situation and analyzes the practical dilemma in the application of the summary procedure in the administrative trial practice.The fourth part,following the above,analyzes the reasons for the dilemma of judicial application of summary procedure in administrative litigation.The fifth part attempts to propose perfect countermeasures for the current implementation difficulties of the administrative litigation summary procedure found above.