The Legal Effects Of Specific Administrative Action Impacted On Civil Suits

The current judicial practice in China encounters a lot of cases that administrative acts affect civil suits.Specific administrative acts affect civil proceedings in fact actually.The absence of laws, legal system and many other reasons in addition dictates, the legal consequences are not clear, so these problems have a serious impact on the effective exercise of judicial jurisdiction and right protections of the parties.The solution of the problem is of great significance.Scholars have different perspectives and the practical approaches are also different on the administration associated with the civil action in the treatment. It is not only bring trouble in theory, but also a serious obstacle to judicial practice.Issues arise from various reasons, and the practice of different countries and regions also have themselves characteristics.Although the common law and the civil law take a different attitude and approach because of the differences in the legal tradition and the rule of law theory in this issue,they are subject to administrative actions in respect of the premise to a certain extent, to retain the autonomy of judicial jurisdiction and its final decision right. The common values they insist on this issue should be thought about.The author assume that the courts should be given a general authority in civil actions to view the controversial executive administration. It has the necessity, feasibility and rationality to do so.This article also discusses the value and benefits that involved in the administrative and civil issues,so is the legal system and background that should be considered when we intent to resolve the problem.At last,the article offers the answer's measures and procedures. In a word,we can properly resolve the issue in our current justice system.