In addition, if the parties agree to apply summary procedure, they can also conduct summary procedure trial. It is worth noting that summary procedure is not applicable to cases remanded for retrial and retrial according to trial supervision procedure. Summary procedure is a simplified litigation procedure, which is characterized by paying more attention to efficiency and simplifying procedures in the trial process.
The administrative proceedings are as follows:
1, sue
According to Article 67 of the Administrative Procedure Law of the People's Republic of China, the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case. The defendant shall, within 15 days from the date of receiving the copy of the indictment, submit the evidence of the administrative act and the normative documents on which it is based to the people's court, and submit a reply. The people's court shall, within five days from the date of receiving the reply, send a copy of the reply to the plaintiff;
Step 2 accept
If the people's court considers that it meets the conditions for prosecution after examination, it shall file a case for acceptance within 7 days. If it does not meet the conditions for prosecution after examination, it shall be ruled inadmissible within the statutory time limit.
3. Form a collegiate bench
A collegial panel composed of judges or judges and jurors;
Step 4 test
The main content of the people's court hearing is to examine the legality of specific administrative acts. Mediation is not applicable to the trial of administrative cases by people's courts.
5. Sentences
If a verdict is pronounced in court, it shall be served within ten days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced.
6. fulfill your obligations.
To sum up, the applicable conditions of the summary procedure of administrative litigation are: it can be handled on the spot according to law, and the amount involved is below 2,000 yuan, which belongs to the government's open case. For those who meet the above conditions, the summary procedure of administrative litigation can be applied and can be determined according to the actual situation.
Legal basis:
administrative procedure law of the people's republic of china
Article 82
When trying the following administrative cases of first instance, the people's court considers that the facts are clear, the relationship between rights and obligations is clear, and there is little dispute, it may apply summary procedures:
(1) The sued administrative act was made on the spot according to law;
(2) The amount involved is less than 2,000 yuan;
(3) It is a case of government information disclosure.