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Research On Intersectant Problems Of Administrative Procedure And Civil Procedure

Posted on:2006-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:X B WangFull Text:PDF
GTID:2166360185478630Subject:Law
Abstract/Summary:PDF Full Text Request
In our judicial practice, the cases involving both civil and administrative disputes constantly turn up. Because the present law makes no definite and specific provision for how to sit in judgement on these kinds of cases, so that the counts are lack of harmony in judicial practice. The theory circles have differences in opinion, and the argument was kept alive by them. So it is absolutely necessary to dig into the problem.On the basis of the detailed analysis and examination for certain actual cases, and starting with the limitation of present judicial practice and the existing theory to examine the different opinions in theory circle on this point and the different practices in practical circle, I tried to analyse its advantages and disadvantages. In my point of view, it is hard to find solution only with any existing litigation, instead of procedural justice, benefit of procedure and value tendency of lawsuit, which is combined with the theory of litigious rights. As for the complicated cases combined with several disputes, judicial proceedings can be applied not only with procedural justice and benefit of procedure, but essential attributes of legal relationship.There are three types cases combined with administrative and civil actions, in order to protect the lawful rights and interests of citizens and realize the value of its justice in an effective way. The careful arguments of the thesis respectively focus on the three settlements for the three different cases: incidental civil action during administrative litigation, incidental administrative litigation case during civil action and litigant to take a legal action. The thesis pays close attention to the problem and tries to comb it out in a systematic way, and tries to introduce some modes applied to different complicated case in the hope of advancing law theory and benefiting to judicial practice.
Keywords/Search Tags:administrative litigation, civil action, incidental civil action, during administrative litigation, incidental administrative litigation case during civil action, litigant to take a legal action
PDF Full Text Request
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