On The Expansion Of Disposing Mechandize About See Also Of Civil And Administrative

The real estate case in Jiaozuo has attracted people's widely attention to the see also of civil and administrative since 1920's. Although we have known something about the see also and its disposing mechandize recently, we feel confused in many fields. There are several symbolic viewpoints about the concept of the see also of civil and administrative in our nation, such as:the theory of relevance,the theory of incidental,the theory of cross and the theory of concurrence, these viewpoints cut both ways. The text proposes that the see also of civil and administrative is the case in that exists civil dispute and administrative dispute which have inner relevance and need settled at the same time, and the case originates from the same fact or behavior invading civil and administrative laws at the same time. The see also of civil and administrative has a series of characteristics on plural conflicts, jurisdical relation, subject of the right of action, the form of responsibility, which distinguishes from ordinary civil case and administrative case, and makes special requirements for its action disposing mechandize.In practice, disposition in advance,handling separately,supplementary civil(administrative)action in administrative(civil) proceedings are the main disposing modes about the see also. These modes have a lot of shortages, such as:the justice and authority have been shocked, the final decision has been damaged, quit a few see also have been excluded from judicial settlement, ineffectiveness and so on. Evidently, these modes aren't fit for the special requirements of the see also, which leads to not only the litigants'rights can not be pretected timely and enoughly, but also running counter to the construction of harmonious society. On the other hand, the see also of civil and administrative exists all over the world widely, the countries whether the centralized, dualism judicial system or the eclectic mode have formed mature disposing mechandize of the see also, which do some good to our country doubtlessly. According these, the re-construction of disposing mechandize about the see also is necessarily and possibly. The text suggests that we should construct the combined mode of hearing about see also, which includes the standards of determination, the principle of disposition, the contentious procedure and so on, compared with current disposing mechandize, the combined mode of hearing about see also has more systematicness and logicality. It can not only satisfy the special need of the see also, but also smooth away the shortages and obstacles of current disposing mechandize. This is one of the effective methods to pursue goal of justice and efficiency, and should be paid more attention by our legislature and practical judicial departments.