A Study On The Trial Mechanism Of Civil And Administrative Cases

In recent years, there are more and more civil disputes and administrative disputes overlapping, and our current law does not clearly and unambiguously stipulate how to deal with such cases, the theoretical circles on this issue has not a mainstream point of view. This makes civil, administrative cross case has become a problem, there is an urgent need to address the judicial practice.This paper is divided into four parts:The first part describes the case definition of civil, administrative cross division of the main types and causes, through the analysis of public and private law, public power and private rights and the public right internal reasons, leads to the handling of cases of civil, administrative cross a certain degree of particularity, face a lot of difficulties, and cited a theory and judicial practice in civil, administrative cross court hearing mode, a brief analysis of the trial mode, causing the focus of the analysis.From theory, the second part of the analysis of the legal basis for dealing with civil, administrative cross case, summarizes judicial practice handling civil and administrative cases the intersection, and a variety of treatment are discussed, analysis of the pros and cons in order to explore the better way to resolve the civil and administrative cases the intersection.The third section describes some countries and regions Civil, Administrative Case handling mechanism, through the analysis of the approach and the experience of these extraterritorial each other, combined with China’s actual situation and trying to figure out on our handling civil, administrative cross case a reference to the significance of valuable experience.The fourth part is the focus of the above analysis, a reasonable solution to the ideas of the Civil Administrative Case. Hearing in principle, to the speedy and reasonable settlement of disputes, litigation system in principle, the expansion of the scope of the administrative proceedings and the principle of reasonable and holism system into trial mode, according to the different circumstances of civil, administrative cross cases, the joinder mode and trial mode, respectively. Build the above system, so civil,administrative cross cases to get a reasonable solution.