Tentative Discussion About Correlation Between & Handling With Administrative Dispute And Civil Dispute

During recent years there were a great deal of correlated phenomena between administrative dispute and civil dispute arising from social life. How to hear a case of such correlatively administrative dispute and civil dispute has become a hotspot under discussion in the academic circles and practical circles and it also puzzles judicial officers who hear such case. It is urgent to study carefully and put forward feasible solution. In the article the ways of hearing are put forward to take establishing administrative collateral civil proceedings as fundamental mode, to take hearing of division between correlative administrative dispute and civil dispute as well as investigating civil dispute with correlatively administrative dispute together as supplementary mode on the basis of using numerous viewpoints in both domestic and overseas academic circles and practical circles as well as judgments in practice for reference so that the problem of correlatively administrative dispute and civil dispute may be solved effectively under different circumstances.Correlation between administrative dispute and civil dispute means that there are administrative dispute and civil dispute coexisting that need to be solved to hear a case, and both of them have correlative content and are mutual preconditions as a result of disposal. Close correlation is essential characteristic between correlatively administrative dispute and civil dispute. As viewed from civil legal relation, correlative disputes may fall into 7 categories, including interleaving between existence, abolishment, and change of civil subject and administrative dispute, interleaving between contractual relation and administrative dispute, and so on; as viewed from administrative juridical relation, correlative disputes may fall into 3 categories, including administrative license, administrative confirmation, and administrative adjudication. The reason for correlation between the disputes rests with expanding public right in modern society at first, and secondly citizens, corporations, and other organizations have more legal consciousness, especially litigant consciousness. The problem brought by correlation between the disputes is to increase difficulties in hearing of a case so that there are flaws arising out of existing laws and rules in force, bringing about conflict between the disputes as a result of disposal.There are mainly two means of settlement overseas to dispose of such correlative disputes as follows: hearing of division is adopted in the countries that are in the continental law system represented by France; administrative collateral civil proceedings is adopted in the countries that...