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正当的程序是实现实体正义的必要条件。为了保证行政诉讼可以实现定分止争的目的,以期达到一个可以接受的裁判结果,正当程序是必要的。正当程序包含的中立、理性、公开、排他、终局性、可操作、平等参与、及时终结等价值理念,就是对公正与效率的追求。也就是说,正当程序是实现各项价值的最优配置,也实现对正义与效率两者的最大化,而诉讼简易程序正因此目的而产生。在我国,是否在行政诉讼中增加简易程序的争论由来已久,但最终以简易程序被列入法律成为与普通程序相并列的诉讼程序而尘埃落定。但就新增的三条法律规定来看,行政诉讼简易程序并非完美无缺,有待完善之处尚多。
Due process is a necessary condition for the realization of substantive justice. In order to ensure that administrative litigation can achieve the purpose of determining the degree of separation and scission so as to achieve an acceptable result of the referendum, due process is necessary. The concept of due process, which is neutral, rational, open, exclusive, finality, actionable, equal participation, and timely conclusion, is the pursuit of justice and efficiency. In other words, due process is to achieve the optimal allocation of various values, but also to achieve the maximization of both justice and efficiency, and for the purpose of litigation summary procedure. In our country, the debate over whether to add summary procedure to administrative litigation has been around for a long time, but the final conclusion is that the summary procedure is included in the legal procedure as the ordinary procedure. However, judging from the three newly added laws and regulations, the summary procedure of administrative litigation is not perfect and there are still many areas for improvement.