论行政诉讼简易程序的构建-法学·行政诉讼法学专业论文.docxVIP

AbstractIn Abstract In order to enhance the efficiency of administrative trial， to cut the cost of lawsuit and to shorten the time limit of trying， simplifying the procedure of administrative lawsuit have been a tendency．In fact，some overseas nations and districts have established summary procedure or other brief stipulation in succession．There is still no summary procedure in administrative lawsuit system of our country．All the cases have been tried through regular complete COllmlon procedure．Since the administrative lawsuit system was establ i shed，People’S Court have been trying numerous administrative cases through the single comon procedure， having positive effects on many aspects：safeguarding the lawful rights and interests of citizens，corporations and other organizations，supervising and defending the administrative organs exercise their power lawfully．Why there is no summary procedure in our administrative lawsuit system is related to the particular circumstance at the beginning when the system was established．At that time，summary procedure neither was needed nor had a suitable condition to exist．Yet as all the things have been changing unceasingly，each condition we have now is greatly different from before．NoW，it not only is necessity，for instance，the demand of II judiciary judiciary practice，to establish summary procedure of administrative lawsuit，but also has the feasibility to establish it，for example，we have had the judiciary conditions． To establish summary procedure of administrative lawsuit is not just for satisfying the needs of social reality．Moreover，it has solid theoretical basis．Sumary procedure conforms to the request of value which is just and efficient．It call both enhance efficiency and safeguard justice．Asking for judicatory protection is one of the constitutional rights of the citizens． It．however,has obstacles to realize．It is believed that the characteristics of summary procedure can el iminate them and can make the judicatory protection