Association Between Civil And Administrative Dispute Case Mechanism Research

Association between civil and administrative dispute case refers to the civil disputes and administrative disputes exist in a specific case at the same time, and the two kinds of disputes in the aspect of legal fact relate to each other, the judgement as a prerequisite for each other, or both reflected the strong causal relationship. For nearly ten years, civil and administrative dispute related cases in blowout, but because our country the legislative defects on the handing of such cases for a long time, caused by jurists of the ways of dealing with entities bigger dispute case, also makes the judicial personnel in such courts is felt lost, eventually lead to local court trial way and the trial results, to a large extent of damage to the unity of justice and authority.In this paper focuses on analyzing the connotation and types of association between civil and administrative dispute cases and on the basis of the present trial mechanism, along with all the trial mechanism, thus has formed the one whole set system of civil and administrative dispute case mechanism system.The structure of this paper is divided into four chapters of the introduction, main text, and the conclusion. The introduction part, focuses on the topic of this paper writing background and the value of the selected topic research, this selected topic research situation at home and abroad, this paper studies the main objectives and research contents, research methods and innovation of this paper highlights in such aspects as shall be detailed in this paper. The author in the first chapter through the analysis of two typical cases, the association between civil and administrative dispute cases shall be lead to the problems. Chapter ii association for civil and administrative dispute cases, mainly analyzed the connotation of civil and administrative dispute related cases and specific types, expounds the civil litigation related administrative disputes and administrative litigation associated with civil disputes. The third chapter expounds the association between civil and administrative dispute case the present trial mechanism, mainly there are trial mechanism, along with all the trial mechanism, separately for the two trial mechanism of the present situation and the advantages and disadvantages are analyzed. The fourth chapter for civil and administrative dispute trial mechanism of perfect, this chapter is the core of this article. The author first trial along with all of the existing mechanisms to analysis of existing problems, and puts forward the improvement of the corresponding measures; Second, in addition to the trial mechanism together, the author respectively to construct the administrative incidental civil judicial examination and civil action mechanism of the specific administrative act effect mechanism; Finally, including the trial mechanism respectively, a total of four kinds of the relationship between the trial mechanism analysis, determine the applicable four basic principles of trial mechanism, and on the conflict between four trial mechanism integration, and establish the scope of four kind of mechanisms respectively applicable cases. Finally, the conclusion is based on the above analysis, this paper summed up all, and to perfect the civil and administrative dispute trial mechanism of hope.