On Handling The Administrative Disputes In Civil Action

The administrative disputes in civil action are belonging to a troubled problem for the trial work of people's court. Administrative disputes in the civil action refer to the disputes aroused by which one party quotes an administrative behavior decision as his reason for claim, while, the other party has disagreement to the effectiveness of this administrative behavior decision, in the process of civil action.Administrative disputes processing modes involved in civil action by theory circle and judicial practice have the following two kinds:1. Independent review mode. Its theoretical bases include: (1) The judicial and administrative powers are independent respectively; and the judicial powers have the right to supervise and restrict the administrative powers; (2) Judicial autonomy theory; (3) In our country, there is not special administrative court settings that belong to those in a country under continental law system but single court setting. Whether hearing a civil or an administrative case, the people's court is under the name of the people's court rather than some specific trial court. The court has two kinds of power, which are the settlement of civil disputes and the final settlement of administrative disputes. The concrete application way is: namely using civil action evidence rules, people's court judges the evidence ability and probative force as civil action evidence, but not to proclaim to the decision effectiveness of administrative behavior.2. Binding modes. Its theoretical basis is that administrative action decision has binding power to civil trial. All the other administrative behaviors except invalid administrative behavior have the binding power once they are established. The effect it produces cannot be denied without the legal procedures of the legal state organs. Thus to the administrative behaviors involved in civil action, the civil action itself has no right to judge. It can only be solved by administrative remedy. Because court cannot judge the administrative behavior in civil action, the administrative behavior actions should belong to the base of the civil decision. Its concrete application ways include five subtypes, namely: (1) Direct decision according to the administrative behavior; (2) If the administrative lawsuit behavior has exceeded the time limitation of administrative remedy, the administrative behavior becomes legal and valid, and as the final basis; (3) Ask parties to bring administrative remedy within a certain period of time, if failing, the administrative behavior becomes legal and valid, and as the final basis; (4) After the administrative act institutes administrative remedy, the civil case is suspended, then waiting for the instituting and completing of the administrative reconsideration or administrative lawsuit, and its results as the final basis; (5) Administrative incidental civil lawsuit.The author goes in for the civil trials in a court, and met many cases with such problems existed. Therefore, it is necessary to clarify to guide future trial practice.The paper has four parts.In Part-1, the content and nature of this problem are briefly introduced, citing the two big disagreements for it from the current theory and practice circle.In Part-2, the discussion on the two great disagreement points is developed. Firstly, analyze the theoretical basis, based on which make comparisons; secondly, analyze their specific operating modes and point out the advantages and disadvantages of each other. At last, in this part, the dominant position of independent review mode is preliminarily established.In Part-3, the practices of extraterritorial lawful advanced countries are discussed, and the reasons why different countries have different practices are explored, which are based on their respective legal national conditions. Through respective legal national conditions and the current legal national conditions of our country, an impartial conclusion is obtained. At the same time it confirms that location of the independent examination mode conforms to this conclusion.In Part-4, the concrete operations of independent review mode are probed into; and by using case evidences, put administrative disputes solution into civil proof authentication, that is proof power judge system.