行政诉讼速裁机制研究

Fast Judgement Mechanism of Administrative Litigation

行政诉讼速裁机制是地方审判实践与最高人民法院共同助推的一种新型审判方式,如何对之进行科学化构建是当前学界与实务界着力探讨的话题。构建行政诉讼速裁机制,既可以优化行政审判资源,深化行政纠纷的类型化解决,也为相对人提供了更为便捷、经济的救济渠道。当前,该机制存在着性质定位模糊、法律基础缺乏、受案范围不明、当事人权利保障不足以及片面追求效率等问题。针对这些问题,应通过赋予速裁机制独立的程序地位、强化当事人诉讼权利保障、明确界定受案范围以及科学的制度设计等几个方面予以完善。

The fast judgement mechanism of administrative litigation is a new type of trial which is jointly prompted by the Supreme People′s Court and the trial practice of local courts. How to scientifically construct this mechanism is a heated topic discussed by current academics and practitioners. Constructing the fast judgement mechanism of administrative litigation can not only optimize administrative trial resources, but also deepen the typed solution to administrative disputes,and provide more convenient and economic relief channels to counterparts. However, the current mechanism has problems such as vague positioning, the lack of legal foundations, unclear scope of the case, insufficient protection of the rights of the parties, pursuit of efficiency partially and so on. For these issues, ways to improve this situation lie in offering the mechanism independent procedure status, strengthening the protection of the litigant′s right, clearly defining the scope of the case and designing the mechanism scientifically.