我国行政诉讼简易程序完善研究

Research on the Optimization of China’s Summary Procedures in Administrative Litigation

2014年,我国《行政诉讼法》增设了关于行政诉讼简易程序的规定。然而近五年过去了,行政诉讼简易程序在实践中出现了适用范围模糊、审理期限较长、审判组织单一等问题。其并没有发挥提高审判效率、节约诉讼成本、配置司法资源、平衡公正效率、保障诉讼权利等立法者所设想的目的。因此,应当借鉴我国民事诉讼法、刑事诉讼法及外国行政诉讼法的先进经验,对我国行政诉讼简易程序加以完善改造,使其真正成为缓解法院案件压力、保护行政诉讼当事人合法权益的诉讼制度。

The year of 2014 witnessed the amendment of the Administrative Procedure Law on the summary procedures in administrative litigation. However, five years on, there appear such problems as obscure scope of application, long trial period and the single judicial organization during its practice. It has failed to meet the expectations to improve trial efficiency, lower litigation cost, optimize judicial resource allocation, balance justice and efficiency and ensure right of action. Therefore, successful experience must be drawn from domestic Civil Procedure Law, Criminal Procedure Law and Administrative Procedure Law of foreign countries so as to refine our summary procedures in administrative litigation and make a litigation system that can truly alleviate the pressure from limited judicial resources and protect the lawful rights of parties in administrative litigation.