The Study Of Institution On Administrative Litigation Supplementary Civil Action

With the depth of the process that our country runs the country according to law, the people's legal consciousness is being strengthened constantly, the following one is the emerging in a large amount of administrative case, and the phenomenon that the type of administrative case interweaved other types of lawsuit constantly happen. In our actual life, because of the expansion of the executive power day by day, the mutual infiltration of administrative law and civil law cause the competing of the laws and regulations, make a certain illegal activities not only infringe the provisions of administrative law but also infringe the provisions of civil law, thus produced a large number of administrative disputes and civil disputes, and these two kinds of disputes of different nature interweave together again. In this way, the administrative cases and the civil cases that based on the same juristic fact exist in a large amount. But when Administrative Procedure Law of our country legislated several decades ago, we failed to fully predict the crossing phenomenon of the civil disputes and the administrative disputes, failed to make clear, concrete, unified regulation to the civil rights and interests of equal subject. So these questions lead to great differences of civil action of the administration in the theoretical research and judicial practice. A series of important problems have to solve such as existence, the establishment condition and the range as well as concrete procedure, the operation regulation and so on.Most scholars in our country hold a definite attitude to the existence with system of civil action of administration. They consider that the administrative litigation supplementary civil action in action proceedings system for solve administrative dispute cases that associate with civil disputes have loud superiority very, lawsuit economy for instance , help consistency and authoritativeness to guarantee judgments , help legitimate rights and interests to protect party and so on. Furthermore, but talk about the jar, someone think that the civil action of the administration unable to decidewhich is right to operations and treatments of the concrete procedure. " The Explanations of Several Questions about Carrying out "of the supreme people's court, stipulated in the administrative award situation " merge trial " to court, make the regional court unify the methods in a certain degree. But this judicial explanation's clause is simple, its range is crossed narrowly, so it do not have effective feasibility. The author believe that the existing law can't face the close fact already that the tight contacting with the civil action and the administrative litigation in the judicial practice.This text, through using comparative study, real example analysis and methods that crossed disciplines, according to the relevant regulations which made to solve the questions of administrative litigation supplementary civil action in action proceedings, which is released in the judicial explanation by the Supreme People's Court, combine experiences and problems that judicial practice make already closely. The author start with setting up the basic theories with system of civil action of the administration, has expounded the administration attaches the theoretical foundation that the civil system exists, and has further made a realistic analysis to the foundation in our country of system of administrative litigation supplementary civil action in action proceedings, the author think the system's foundation in our country have their fact basis, legislative tendency, necessity and feasibility. So the author faces the questions about the condition, range and concrete system of constructing with civil action of administration and so on. The author have comparatively deepened, overall analysis and describing on circle of theory and judicial practice circle extant view and method, and has put forward hers own understanding and opinion on the question of these. In addition, this text also advises the legislature to revise Administrative Procedure Law as soon as possible, establish the system of administrative litigation supplementary civil action in action proceedings which accords with the concrete national conditions of our country clearly, make the regulation to its concept, applicable scope, conditions and concrete adjudication methods, thus we canpush the system of administrative litigation more perfect. In addition, the constructing of the system also adapts the development of country's economy and politics.