Cross Problems Between Administrative Action And Civil Action

Along with the social development, there are many cross cases betweenadministrative action and civil action in recent judicatory practices. Since weare in primary stage of socialism and immature legal systems, there are someproblems to deal with these cases, both immature provisions about entity andprocedure junction and a lack of experiences about judicatory practices. Thatmake courts deal with these cross cases passively. It is a difficulty to judgecross cases between administrative action and civil action recently. If thisdifficulty can't be solved well, the judicatory work in court will not develophealthily and successfully and people's belief in lawsuit to solve dissensionsand conflicts will be influenced badly. So some social unstable phenomena,like appeal to the higher authorities for help, will happen frequently, andconstruction of harmonious society in China will be influenced eventually.This thesis research the problem of judgment procedure of cross casesbetween administrative action and civil action. I hope my research can helpjudicatory work in China and arouse more theory research about theseproblems. This thesis is divided four parts.Part one: the emergence and reason of cross problems betweenadministrative action and civil action. In this part, the author discusses thedifference of between administrative action and civil action, the reason thatcross problems between administrative action and civil action come into being,and the confusion and nonplus these problems caused in judicatory fields.Part two: the concepts and types of cross cases between administrativeaction and civil action. In this part, the author point out firstly that the crossbetween administrative action and civil action is a kind of lawsuit in which thelegal facts of administrative action and civil action are contacted and thedisposal results is cause and effect or premise each other. Secondly, the authoranalyzes the characteristics of these cross cases. Finally, the author classifiesthese cases into four types: one, the case in which the administrativedissension is the central and the civil dissension is parenthesis;two, the case inwhich the civil dissension is the central and the administrative dissension isparenthesis;three, the case in which the civil dissension and administrativedissension are important;four, a special case in judicatory practices (this caseis not studied in thesis).Part three: the disposal patterns of cross cases between administrativeaction and civil action . In this part, firstly,the author introduces and analyzesthree disposal patterns in foreign countries and points out the referencesignificance to China. Then,the author introduces and analyzes severalsolution of cross problems in China.Part four: constructing the judgment pattern of cross cases betweenadministrative action and civil action in China. In this part, the author pointsout that the better solution is the third opinion in Chinese theory fields, that issynthesis opinion. Administrative action and civil action can carry through notonly independently, but also by way of parenthesis. It is right that civil actionpertains to administrative action or administrative action pertains to civilaction. That depends on the detail of dissensions. In addition, theadministrative action pertaining to the civil action is applied to the first and thethird type of cross cases;the civil action pertaining to the administrative actionis applies the second type;as for the cases that the administrative actionpertaining to the civil action and the civil action pertaining to theadministrative action do not suit, the administrative action and civil actionshould carry through independently.When we judge whether the administrative action and civil action shouldcarry through independently or by way of parenthesis, we should think oversome factors: the close degree of administrative action and civil action;thecomplex degree of dissension itself;whether the administrative and civildissension belong to the same court. At last, we should respect the party'schoice.As for the pattern that administrative action and civil action carrythrough independently, there is no fixed pattern to judge which should carrythrough first. That depends on different cases. However, the standard of choiceis the relation between two actions. If the lawsuit is premise of the otherlawsuit, the first lawsuit should carry through first.In addition, the part four discusses the need and the feasibility ofconstructing this judicatory system in China, the condition and the scope ofcivil action pertaining to administrative action, and the judicatory procedure ofcivil action pertaining to administrative action.