Research On The Application Of Summary Procedure Of Administrative Litigation

The settlement of disputes is the top priority for judgment,while for procedural law the primary task is to define a fair,efficient and reasonable means to reach the settlement.As provisions of summary procedures have previously been regulated in the Law of Civil Procedure and the Law of Criminal Procedure,the summary procedure of administrative litigation was then defined at legislative level in 2015 at the revising of the Administrative Procedure Law.This revise was brought about for two main factors.For one thing,it was built up on years of accumulation of the professional experience on administrative adjudication,the improvement of judges’ professional quality and the practical experience enriched by pilot local courts.For another,it is a necessity for the imbalance between the number of cases and judges caused by both the mechanism of case registration and judicial staffing system which result in the upsurge on cases and slump of judges.That is why the addition of summary procedure of administrative litigation is necessary and may contribute to exerting institution function of law in terms of improving the efficiency of administrative litigation and satisfying the judicial needs of the masses.However,since the summary procedure of administrative proceedings has been written into the law,its practical application has failed to reach the expectation,for problems like limited circumstances,low application rate and varied regional standards,which influence the effectiveness of summary procedure negatively.This article first analyzes possible reasons that lie behind difficulties in the application of summary procedure of administrative litigation on the basis of its current situation in practice.Then,it offers some supplementary suggestions accordingly with the expectation to make some contribution to proper application of summary procedure in judicial practice so as to legitimate interests of the parties,supervise the administration and settle disputes with higher efficiency and convenience.This article is thus divided into our parts.The first part of this paper is an introduction of summary procedure of administrative litigation,which includes the concept and development,differences between summary procedure and common procedure,and realistic foundation and measurable value.The second part firstly offers an interpretation of summary procedure on reach,startup mechanism and time limit at the legal level.Then through analyzing current situation of summary procedure on the basis of methods like data statistics from judicial practice of various regions,it comes to the conclusion that the main problems of summary procedure of administrative law at present are low applicable rate,varied regional criteria and ambiguity on procedure option of parties in action.Depending on the analysis above,the third part reaches the conclusion that summary procedure of administrative law has not yet fully played its institutional function.Then,the author analyzes the causes of dilemma of summary procedure in terms of legislative purpose,legal codes,cognition of parties and justice actions.Regarding the forth part,some suggestions are put forward to improve the situation of summary procedure based on the analysis of legal codes,current application and related factors.Considering judicial practice and regulations of summary procedure in other areas,these suggestions are mainly about detailed provisions,accuracy of defined instruction,and increasing recognition of both judges and parties,to optimize relevant provisions on summary procedure in our country and provide good reference for judicial practice.