On Mechanism Of Solving Dispute On Cases Of Civil Dispute Mingling With Administrative Dispute

China is in historical the reforming time and the society is getting more sophisticated.At the same time,the executive power expands unceasingly.It involves the equal main body's civil's behavior and adjust it directly more and more frequently.Correspondingly,there are more and more executive disputes and civil dispute mingled in the modern life.This disputed mingle originally belongs to the equal main body'scivil behavior,but it becomes complicated day by day because of the intervening of executive power.The trouble is that what judicial authority or the procedure can be used to eliminate and solve social confict embodied by the lawsuit way.Because legislation is not clear about and the judicial suitable is in difficult position.There are the delay of lawsuit,the circulation of lawsuit,the low efficiency of lawsuit in realistic judicial practice.As a result,the litigant right can't obtain the substantive protection.The practice has initiated the educational conerning and exploring this problem,also emphasizes the importance that extablishes suitable procedure to solve executive disputes and civil disputes.At present,the educational have proposed some thoughts to solve this kind of cases,such as establish administration of supplemental civil lawsuit,implement principle that solves administration disputes firstly and civil disputes secondly,the system of transferring directly.These systems haven't grasped the kind of dispute's essential attribute.,the most primivive dispute of this kind case is the civil dispute or the latent civil dispute and the production of executive disputes is only because it solved of intensified the civil disputes.According to the pure administrative prceedings,the civio action or the administrative supplementary civil action procedure and so on,it is unable to solve the low lawsuit efficiency,the indefinite of the lawsuit decision,the increase of litigant lawsuit cost and the waste of judicial resources,it also unable to realize the legal procedure to melt or eliminate society conflict.In the overseas solution of overlapping case system,it has the Japanese ligitant lawsuit system,the supplementary lawsuit partten of the English Amercian legal system. and parallel lawsuit pattern of the mainland legal system.Japanese litigant lawsuit solves the civil litigant's dispute virtuality by developint stipulates that is suitable to civil procedure in administrative lawsuit cases,and introducing administrative organ as the third person in course of solving civil disputes.At last,when they solve ligitant civil disputes essentially,solve the ligitimacy of administraive action.The construct of solution mechanism should locate its procedural status validly and coordinate the operation of civil judicial authority and the administrative judicial authority.It also should make clear applicable scope,the request of mentioning lawsuit and so on.