2012Jiangsu Xingzheng Xueyuan xuebaoRequires access

Research on Simplified Procedure System of Administrative Litigation in China

Zhiyuan Zhang

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Abstract

The simplified procedure system in administrative litigation moves from the margin to the center as the result of diversified solution to administrative disputes,effective protection of citizens' legitimate rights and interests by administration,and the rational allocation of resources in administrative adjudication.The notification issued by the Supreme Court on pilot implementation of the simplified procedure of administrative litigation demonstrates courage of institutional innovation,but it also shows problematic aspects such as generalized provisions and miscalculated institutional designing.In order to further improve the simplified procedure of administrative litigation,we should make efforts in three aspects: scope of applicability,judicial organization and the trial rules.In this manner,complex and simplified procedures can really be separated in administrative litigations.

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What this paper is about

The simplified procedure system in administrative litigation moves from the margin to the center as the result of diversified solution to administrative disputes,effective protection of citizens' legitimate rights and interests by administration,and the rational allocation of resources in administrative adjudication.The notification issued by the Supreme Court on pilot implementation of the simplified procedure of administrative litigation demonstrates courage of institutional innovation,but it also shows problematic aspects such as generalized provisions and miscalculated institutional designing.In order to further improve the simplified procedure of administrative litigation,we should make efforts in three aspects: scope of applicability,judicial organization and the trial rules.In this manner,complex and simplified procedures can really be separated in administrative litigations.

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Available abstract

The simplified procedure system in administrative litigation moves from the margin to the center as the result of diversified solution to administrative disputes,effective protection of citizens' legitimate rights and interests by administration,and the rational allocation of resources in administrative adjudication.The notification issued by the Supreme Court on pilot implementation of the simplified procedure of administrative litigation demonstrates courage of institutional innovation,but it also shows problematic aspects such as generalized provisions and miscalculated institutional designing.In order to further improve the simplified procedure of administrative litigation,we should make efforts in three aspects: scope of applicability,judicial organization and the trial rules.In this manner,complex and simplified procedures can really be separated in administrative litigations.

Key concepts: Adjudication, Administrative law, Scope (computer science), Order (exchange), Law, Supreme court, Administration (probate law), Business

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