台湾地区行政诉讼简易程序及启示

我国台湾地区行政诉讼简易程序在公正与效率、接近正义基本理念的指导下，已发展成为涵盖管辖法院、适用范围、救济机制及配套便捷规则的一项成熟法律制度。而大陆地区的行政诉讼简易程序初步设立，尚有不足。为此应汲取台湾地区的成功经验与做法，予以适用范围弹性空间，类型细化，简化起诉审理裁判等相关规则，设置上诉或申诉的限制条件，明确误用诉讼程序的处理办法。

Summary Procedure of Administrative Litigation in Taiwan

Under the guidance of the basic concept of justice and efficiency and access to justice, the summary procedure of administrative litigation in Taiwan has developed into a mature legal system which includes the rules of competent court, the scope of applicably, the remedy mechanism and some supporting convenient rules. In mainland China, the administrative litigation summary procedure is at the starting stage and has some defects. Therefore, it is advisable to learn from the successful experience of Taiwan, giving flexible space and the refinement of the types to the scope of applicability, simplifying the rules of prosecuting, trial and judgment, setting the limiting conditions of appeal or complaint and determining the methods for handling misuse of legal proceeding.