Study On Administrative Incidental Civil Lawsuit

Administrative incidental civil lawsuit is inevitable problems in our country's socialist legal construction process. This system was established to resolve cases as administrative disputes intersect with civil disputes. In the academic circles, most scholars have taken the positive attitude, but in the judicial practice, the judicial authorities at all levels are not identical, the salutations are very confusion. This thesis makes a system research on Administrative incidental civil lawsuit from different aspects such as the basic concept, basis the system, conditions and scope, how to rationalize the litigation procedure and perfecting the system of administrative litigation.There are three parts of the thesis:Part One: The conceptual framework of the administrative incidental civil lawsuit. At first, the author focuses on the "incidental lawsuit" in the criminal incidental civil lawsuit and compared it with the administrative incidental civil lawsuit . Then give the concept of administrative incidental civil lawsuit. Secondly, the author analyzed and summarized the concept and connotation of the administrative incidental civil lawsuit as well as the characteristics of administrative incidental civil lawsuit.Part Two, the basis of the system of administrative incidental civil lawsuit. .At first the author summarizes the current problems of the administrative incidental civil lawsuit system.The author discussed the system from four aspects, namely, legal basis for establish the system of administrative incidental civil lawsuit, realistic foundation and the feasibility and necessity.Part Three, the construction of the administrative incidental civil lawsuit. At first, the author discusses the preconditions of an administrative incidental civil lawsuit, including having an administrative litigation as the premise, existence of relevance, incidental civil lawsuit filed by the civil dispute party only and appealed only in the trial. The rest of this part analyzed the scope of the administrative incidental civil lawsuit and give a briefly analysis of two exceptions. Then give his opinions about how to perfect the system of administrative incidental civil lawsuit.