The Trial Model Of Cases Involve Civil And Administrative Disputes

In this paper, the first part uses the "Gao Yongshan case" to point out where the problem lies, that in the judicial process, how to deal with the cases involve civil and administrative litigation? Our law does not provide specify rules, and then the significance this paper and how to research are also mentioned.The second part is to study the model of how to settle the cases involve civil and administrative litigation, including domestic doings and other regions' practices. According to existing legislation and judicial interpretation, there does not exist a model to deal with these cases in our country. According to a scholar's research, China's judicial practice, the most common model is separate trial, civil and administrative litigation is about to be tried separately, as a result of our procedures for how the two have carried out have detailed requirements, so the advantages of this model is under the law. However, the model still has its shortcomings and problems, for example, civil litigation and administrative litigation who is first? And at the same time, the cases often delay, the parties will be heavy tired; there is a conflict between ruling and undermine the authority of the judiciary, and other more serious. In the theory area, qualcomm said says, establish a model that civil litigation attach to administrative litigation, but it can not resolve the cased that civil disputes are main disputes, as well as other details of the model. Followed by study the practice of other countries and regions , I found that china must choose a road suitable for itself.The third part is some ideas about how to build a procedure to settle the case involve civil and administrative litigation. Through the author's earlier study, that to build the procedure, there are two key points: the plight of building a procedure ; Separation of theory and practice. Combined with the key point, I believe that the procedures choices and building a theory should be combined with China's reality, therefore, our country should be choose the joint trial mode, when the plights are carried out.