The Study Of Interactive Question On Administrative Litigation And Civil Action

The process of production and development of dispute is also the process of dispute settlement. Dispute settlement has developed from "private relief to " public relief gradually with the constant evolution of humanity civilization. Nowadays, although the dispute settlement mechanisms tends to be more flexible and diversified, jurisdiction is still most civilized and impartial, and thereby is the most reliable legal mechanism on settling dispute and court cases. It needs to be studied especially from angle of jurisdiction system that the interactive question on administrative litigation and civil action.The design of lawsuit mechanism should reflect fundamentally value of law. For a long time, justice has been regarded almost as the only value of law in view of traditional philosophy of law, and procedural justice has been given more attention, since it can ensure the fulfillment of substantive justice at most. However, the legal system, in the final analysis, is based on the theory of benefit, the procedure of dispute settlement in essence is to make a great effort to distribute rights and duties efficiently and beneficially, So benefit (including procedural benefit or lawsuit benefit) becomes the other goal pursued by the value of law besides procedural justice in the process of jurisdiction. Procedural justice and procedural benefit are basic points of theory in studying the interactive question on administrative litigation and civil action from jurisdiction system.Through the veil enveloping the interactive cases, we can see clearly that there are three kinds of interactive cases with different characters in reality. Taking pursuit of value of law on procedural justice and procedural benefit as the starting points, taking guarantee of rights and interests of citizens as the final settling place, On the basis of analysis on three kinds of cases with different characters, beginning with the shortcoming of existing methods of dispute settlement and the limitation of present theoretic framework, by means of legal and logical thought, the dissertation emphatically demonstrated three different models, namely administrative litigation with incidental civil action, civil action with incidental administrative litigation and action of parties, which are suitable to the three kinds of cases respectively.