Study On Relief System Concerning Administrative Act Involved In Civil Dispute

With the expansion of the modern executive power, the administrative act involves in the civil dispute in more and more situation, which lead to civil dispute interweaves with the administrative dispute in judicial proceedings, and even mutual constraints the procedure of progress and the disposition of the entity. As for this, our country still haven't complete and concrete legal provisions or operating rules. Theoretically, there is not formed the unified guidance opinion, yet. It is very difficult to catch and deal with the cross-case which including both civil and administrative factors. So, several scholars have proposed their opinion that divided the cross-case into different tapes and analyzed each tapes multiplex. But there still some problems about their theory. If we turn our eyes onto the cause that civil dispute interweave with administrative dispute, we can believe that the cross-case actually is the legal relief about administrative act involved in civil dispute,.In practice, the specific administrative act which often intervene in civil dispute including administrative adjudication, administrative license, administrative affirmation, administrative punishment, and so on. The text mainly light of the above types of specific administrative act that involved in civil dispute to discuss. As the abstract administrative act and administrative nonfeasance due to my ability not to be mentioned in the text. According to the different tape of specific administrative act that involved in civil dispute, we can divided them into two forms: one is administrative act directly involved in civil dispute, and the other is administrative act indirectly involved in civil dispute. When the specific administrative act directly involves in the civil dispute , we must face and resolve the both request of civil dispute and administrative dispute ,and then,choose the right judicial relief system. When the specific administrative act indirectly involves in the civil dispute , we should practical analysis in different situations.Then, the existing civil procedure law and administrative litigation law have certain limitations in resolving the problem of the interweaving of administrative dispute and civil dispute .But we can also see the reasonable places and can't denied it. How to make full use of existing resources related to the integration process and formulated a set of effective relief system is the focus of this text.