Research On The Improvement Of The Diversion Mechanism Of Complexity And Simplicity In Administrative Litigation

Since the implementation of the "normal case registration system",the number of people filing administrative cases has been increasing,which has a serious impact on the judicial efficiency.Adhering to the litigation concept of quick trial of simple cases and intensive trial of complex cases,the diversion of complexity and simplicity of administrative litigation is an inevitable choice to adhere to the principle of litigation economy,promote the diversified settlement of disputes,respond to the social expectation for the substantive resolution of administrative disputes and optimize the scientific allocation of judicial resources.The purpose of establishing the complicated and simple diversion mechanism of administrative litigation is to realize the diversion of case severity and speed,so as to optimize the distribution of "person case ratio",which is conducive to improving the quality and efficiency of trial and improving the backlog of cases.However,due to the complexity and simplicity of China’s administrative litigation diversion mechanism is in the preliminary exploration stage,it is still facing some problems,such as lack of legislation,incomplete procedure construction and so on.In view of this,we should make use of the experience of foreign countries to simplify the shunt mechanism and simplify the diverting standard of criminal litigation and civil litigation,and establish the standard of diverting the administrative litigation,establish a perfect pre triage mechanism,perfect the pre Litigation Mediation Legislation,refine the scope of application of the summary procedure and the rules of trial,and explore the establishment of the administrative quick cutting mechanism,so as to correctly handle the dialectical relationship between the quality of trial and the efficiency of trial.Establish a perfect diversion mechanism of complexity and simplicity in administrative litigation.