Study On The Procedure Of Quick Judgment In Administrative Cases

With the strengthening of the people’s legal awareness and the continuous advancement of the legal society,the court litigation system,as a mechanism for solving social conflicts and disputes,is confronted with the challenge of trial pressure brought by the increasing number of cases.In order to alleviate the contradiction between trial quantity and trial quality and reduce the litigant’s litigious burden,under the tide of judicial reform,the mechanism of promoting the diversion of litigation cases from complexity and simplicity and the reasonable allocation of judicial resources arises at the historical moment.It is a case diversion mechanism that caters to the new characteristics of The Times,contains new judicial ideas,embodies new trial requirements,and has new operational characteristics.In 2014 the newly revised "administrative procedural law" will be the summary procedure as a separate chapter in the administrative litigation system,at this point,the administrative proceeding toward the direction of diversification and meet the needs in the social practice,but the establishment of the summary procedure are still unable to ease the pressure of the court,together with its own limitations,cannot completely solve the problems existing in the judicial practice,only by increasing the size of the case is not a long-term solution.Therefore,after the exploration and gradual establishment of the civil and criminal expeditious adjudication mechanisms,in 2016,the Opinions of the Supreme People’s Court on Further Promoting the Allocation of Judicial Resources by splitting the complexity and Simplicity of Cases(hereinafter referred to as the Opinions)proposed to accelerate the exploration and establishment of the administrative expeditious Adjudication mechanisms.At this point,people’s courts around the country began to explore the establishment of administrative expedited adjudication procedures.However,since the Opinion is not a legislative document,but only a judicial document of initiative,the legitimacy and legitimacy of the establishment of the administrative expeditious adjudication procedure has been widely criticized.Moreover,due to the lack of a clear legal positioning of the administrative expedited adjudication procedure and the relatively few normative documents and rules and regulations that have been issued,the concept and scope of application are characterized by abstractness and vagueness,which makes it difficult to make a clear distinction between it and summary procedure in judicial practice.Therefore,this paper,as a theoretical response to judicial practice,analyzes the administrative expedited arbitration procedure from four parts,namely,the concept and characteristics of the administrative expedited arbitration procedure,the practice of some courts in judicial practice,the introduction of relevant foreign legal systems,and the construction of the administrative expedited arbitration procedure.First of all,starting with the concept and characteristics of administrative expedited arbitration procedure,this paper compares it with administrative summary procedure in many aspects and clarifies it.It clearly puts forward that administrative expedited arbitration procedure should be a different litigation procedure from administrative summary procedure and should have a clear legal status in law.Secondly,on the basis of the concept and legal argument of administrative expediting,this paper collected the status quo of the application of administrative expediting procedures in practice of some courts,and on the basis of the analysis of the status quo,put forward the common problems faced by the current administrative expediting procedures in practice.Again,in view of the corresponding problem,we can draw lessons from outside the country(region),such as France,Germany and China’s Taiwan region relevant provisions on the administrative speed cutting process,such as in the system design should ensure that the parties to litigation rights,in the manner provided in the scope of application of adopt diversified way limited.In the end,this paper makes an institutional construction of administrative expediting procedure,and proposes that the establishment of administrative expediting procedure should follow the principles of fairness and efficiency,convenience and coordination.In order to make some theoretical contribution to the development of administrative expediting procedure,we should strengthen the design of system basis,application scope,trial procedure and related supporting procedure.