Civil Litigation System And The Administrative Litigation System Is A Comparative Study

In today's society ruled by law, judicial proceedings have undoubtedly become a fundamental manner, safeguarding all systems concerned. And it is the only way that could convert rights into reality. However, as the most two important systems in contentious procedure, civil litigation and administrative litigation have not been given adequate theoretical attention in legislative and judicial practices. Due to the significance of the issue, I selected the comparison of civil proceedings and administrative proceedings as my research focus.The body of this article includes 6 chapters.Chapter One traces back to the origin and the evolution of civil litigation and administrative litigation. Based on Roman law, which came form laws and regulations, the author concludes the gradual shaping and elementary characteristics of civil law. On the other hand, the shape and the elementary features in common law are induced from Germanic law, which came from question of fact. Administrative litigation is far from civil litigation because it was derived from constitutionalism, system of separation of powers and commodity economy in modern times.Chapter Two compares the different purposes of civil procedure and administrative procedure and puts forward the purpose of action in litigious process targeted at the same aim. The subject of purpose of action is the combination of the court representing the state will and the parties participating in the suit.Chapter three introduces judicial monism and judicial dualism of civil proceedings and administrative proceedings in order to compare the two judicial structures. Judicial monism means that regular courts has jurisdiction over both civil cases and administrative cases. However, judicial dualism means that administrative courts run parallel with regular courts. After analyzing Chinese Civil Procedure Law and Administrative Procedure Law in force, the author suggests we should build the independent court of administration by adopting the experience of civil law countries.Part Four By analyzing the legal action construction and pattern of litigation, we learn more about the differences between civil actions and administrative actions. According to the pattern of ex officio litigation in civil procedure and extra-ex officio litigation pattern in administrative procedure, the author believes that we'd better establish adversary system in civil proceedings and ex officio system in administrative proceedings. Chapter Five compares the object of proof, standard of proof and burden of proof, which are the fundamental systems in rules of evidence. Drawing a parallel between civil procedure and administrative procedure, we could find that the unitary object of proof in administrative law is legitimacy of administrative act, however, the object of the proof in civil procedure law is facts in dispute. Secondly, in civil cases, the plaintiff has the burden of proving his or her case by a preponderance of evidence, that is, the plaintiff's proof must out weigh the defendant's in order to win. But standard of proof in administrative proceedings is diversity. At last, in civil proceedings the burden of proof is shared by both parties. On the contrary, in administrative proceedings the burden of proof rests on the defendant.Chapter Six deliberates the trial of civil disputes related to administrative disputes. The author defines supplementary civil action in administrative proceedings, the cross conflicts of civil issues and administrative issues and civil disputes relevant to administrative disputes. Finally the author suggests we can choose a pattern of trial, in which related actions are absorbed in a main action. On the basic of this pattern, the related disputes and the main case are tried in the same judicial organization.By comparison, we could find the two systems have similarities and differences. In my perspective, it is only because of the similarities that civil litigation and administrative litigation could communicate with each other, on the other hand, it is only beca...