Status quo investigation on the use of summary procedure in sanitation administation punishment

Objective To ascertain the current situation in application of summary procedure within the jurisdiction, and propose corresponding measures and suggestions for prevention of administrative reconsideration and administrative lawsuits resulting from improper use of summery procedure. Methods Retrospective examination was done of 63 administrative penalty cases by summary procedure in Xuhui District in 2011 and 2012. Some parties punished were visited, and at the same period were randomly selected the penalty cases from the same professional use and general procedure. Control analysis was done from six aspects such as punishment body identified, confirmation of illegal facts, fixation of evidence, application of legal provisions, legitimate punishment procedure, clerical production specification and others. Results Problems were found to be existent in the six aspects of punishment body identified, confirmation of illegal facts, fixation of evidence, application of law provisions, legitimate punishment procedures, and clerical production specification, etc. There is a certain gap with the general procedure punishment cases, which needs to be improved in future. Conclusion Administration by law awareness should be strengthened, training in this regard enhanced, management norms for summary procedure formulated, evidence system for summary procedure established and perfected, and inspection strengthened, so as to improve the quality of summary punishment cases.