On the Application of Summary Procedure in Administrative Litigation under the Background of Diversion of Complexity and Simplification
In judicial practice,the simplified procedure system for administrative litigation still has prob-lems such as polarization and unclear development in the application of summary procedures,and fails to play its function of rational allocation of judicial resources and improvement of trial efficiency.The reason is that the criteria for identifying"complex"and"simple"cases are vague,which makes it impossible to carry out procedural diversion;insufficient supply of institutional rules;the low degree of recognition be-tween the judge and the parties has led to the cold application of the summary procedure.It is necessary to put forward the standards and methods for dynamic identification of"complex"and"simple"cases in the stage of case filing and trial;to continue to optimize the rules of the simplified procedure system;to im-prove institutional supporting mechanisms from the perspective of judges and parties and enhance judges'sense of recognition of the application of simplified procedures,and increase the recognition of parties in applying simplified procedures;to give play to the role of model litigation in typical cases of summary pro-cedures.
diversion of complexity and simplificationadministrative litigationsummary proceduretrial resources