The Study On The Crossover Problem Of Administrative Litigation With Supplementary

With the gradual expansion of executive power to the traditional field of private rights in recent years, the crossover of civil law and administrative law has been increasing. The crossover cases of civil disputes and administrative disputes are appearing in a large amount. How to solve them by lawsuit is an important subject in judicial practices. This thesis is divided into three chapters, by the way of empirical analysis and comparative analysis, it discusses the definition and classification of the crossover cases, analyzes the causes of such cases specially, proposes a reasonable solution.Chapter one summarizes the crossover cases of civil disputes and administrative disputes, classifies such cross cases into civil disputes preliminary questions and administrative disputes preliminary questions by introducing the conception of preliminary question in the field of private international law.Chapter two analyses the causes of crossover cases of civil disputes and administrative disputes. The causes include the association of public law and private law, the modern administrative theories, lack of laws and regulations, lack of judicial practice. Clarifying the inherent relevance of civil disputes and administrative disputes is important to handle such cross cases.Chapter three analyzes the resolutions of such cross cases, summarizes academic opinions, analyzes the resolutions of three representative countries including England France and Japan comparatively, envisages the settlement mechanism of cross cases. The settlement mechanism includes two parts: separate trial for the civil disputes preliminary questions; civil litigation attached to administrative litigation for the administrative disputes preliminary questions. Finally, the concepts, terms of civil litigation attached to administrative litigation system is analyzed.