The Civil And Administrative Dispute Mechanism To Deal With Cross-Case

Along with the expansion of executive power, the role and the scope of activities of administrative areas, significantly expanded, the administration is becoming more diverse. One obvious characteristic of the modern administration development is the administrative organ in exercises of executive in the authority process ruling the civil dispute that related to the administrative activities, because of the intervene of executive power ,the civil dispute between equal body often become more complex, and the relationship between civil law and administrative law show that there has been mutual relations, inter-related phenomenon. We regard such phenomena as civil cases and administrative cases controversial cross. How to handle the civil cases and administrative cases controversial cross, the Chinese present administrative procedural law doesn't have any provision, but the present civil procedural law merely has an extremely general provision in Article 13th. The lack of legal provisions, on the one hand, have made the citizens don't know whether to carry the civil procedual lawsuit first or the administrative procedual lawsuit first , or the same, because of the absence of a legal basis , the demands of citizens often dismissed by the court or the prosecution or inadmissible; On the other hand, the people's court when handles this kind of overlapping case, also does not have may hold the law, each place court procedure respectively different, often appears the civil referee with the administrative decision not identically even mutually for the contradiction situation; The legal rule the direct evil consequence which is lacking creates is already has no way to safeguard litigant's right of suit, also has damages the court the dignity, rationally constructs civil and the administrative dispute overlapping case processing mechanism actually is urgent. In view of this, this article chose "civil with the administration disputed the overlapping case processed the mechanism research" this thesis.The full text altogether divides the foreword and five chapters. Foreword partial introductions this article selected topic, article proof method and article structure arrangement.First chapter civil and administrative dispute overlapping case production reason main manifestation. Rationally limits civil with administrative dispute overlapping case, is clear about this kind of case the basic characteristic is this article logical beginning; Civil with the administration disputed the overlapping case produces the reason is various, but may sum up primarily the character (objective)as well as the main body existence social environment (is objective)these two aspects comprehensive factor; Civil with the administration is put the overlapping case mostly is confirms initiation and so on behavior, administrative ruling behavior, administrative registration behavior, administrative permission behavior by the administration.Second chapter civil with the administration disputed the overlapping case tries the present situation and the existence problem analysis. The article to our country judicature practice in to civil with the administration disputed the overlapping case tried the present situation to carry on the introduction, each place court consistent did not try the procedure to be in violation of the judicature to be unified, simultaneously also has the obvious problem in the judicial practice.Third chapter territory civil and administrative dispute overlapping case processing and enlightenment in outside. The article has the representative from the comparison test angle to three kind of different referees systems country, England, America, the law, Germany, Japan to civil with the administration disputed the overlapping case the legislation stipulated and processes the mechanism to carry on the analysis. Then rationally analysis above country in processing civil and administrative dispute overlapping case fit and unfit quality.Finally summarizes the above national processing mechanism design to handle this kind of case to China the enlightenment. Fourth chapter civil with the administration disputed the overlapping case the processing mechanism searches analyzes. As full text writing key, this part is coming the pen from six aspects, first analyzes civil and the administrative dispute overlapping case guiding ideology; Next is the establishment tries civil and the administrative dispute overlapping case principle; Is once more theoretically analyzes the civil dispute and the administrative dispute recognition standard; Fourth is civil and the administrative dispute overlapping case type; Five, the analysis civil with the administration disputed the overlapping case processes the mechanism to the legal system consummation; Finally acts according to the analysis which in front of the paper states, unifies the foreign experience actually to propose civil and the administrative dispute overlapping case concrete processing way with China.Fifth chapter to administrative supplementary civil action denial ponder. This part mainly is gives an explanation to the supplementary lawsuit, reconsiders supplementary lawsuit question which many scholars proposed, carries on the analysis to the supplementary lawsuit good and bad points, proposed the author does not support the administrative supplementary civil action mechanism to use in to solve civil with the administrative overlapping case processing method, simultaneously gives the proof to author's viewpoint.