An Analysis On The Lawsuit Overlapping Between Administrative And Civil Disputes

In China, there are two sets of relief system, the one is the public law and the other is civil law. The administrative proceeding is unable to solve the civil disputes, and the civil proceeding also can not solve the disputes of administration. But in the Chinese practice, the lawsuit overlapping between these two sets is unavoidable.The author points out that the fundamental reason of the lawsuit overlapping lies in the reality that there is the interaction between the concrete administrative action and the civil legal relationship, for example, sometimes the administrative action intervened on the civil legal relationship. At present, the research in this field generally has neglected the fact that there were some interaction between the administrative action and the civil legal relationship. Opposite with this tendency, the author focuses this interaction and wants to try to find out the comprehensive and systematic solution of the lawsuit overlapping.This article makes every effort to classify the different types of the lawsuit overlapping according to the different administrative intervention. Therefore, the significance of this article lies in: Firstly, generally appraisal on the existing achievement in this field ; Secondly, deeply analyzing on the intervention on the civil legal relationship from the administrative action and seeking the basic reasons of the lawsuit overlapping; Thirdly, based on the comparing on the international territory research tendency and the practices with the comparison approach, the author finds out the basic principles, the systematic solution of lawsuit overlapping and the institutional arrangement at the operational level.