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A Study On The Crossing Of Civil Action And Administrative Litigation

Posted on:2014-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2176330434970359Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the1980s, with the expansion of administrative power into the field of private law, as well as the implementation of the Administrative Procedure Act, a large number of cases coexisting civil dispute and administrative dispute appear in the judicial practice. It’s very difficult to classify these cases.Based on the concept, the type, and the current judicial practice, combined with the actual situation of China, compared with the cases in other countries, the writer try to put forward an efficient and reasonable solution. Scholars have some voice on serving such cases. Most scholars of administrative law support the administrative incidental civil lawsuit system. But in writer’s view, it’s not the best system. Concerning the Preliminary issues, safeguarding the interests of parties, and considering the public interests, the best way is the construction of the civil incidental administrative lawsuit.In addition to the introduction and conclusion, this article is divided into five parts.The first chapter introduces an overview of the case, including definitions, characteristics, classification of these basic theory. Depending on the main dispute the case is divided into mainly to civil disputes, cases involving administrative disputes and administrative disputes, cases involving civil disputes.The second chapter describes the case of crossline in practice the judicial status quo and existing problems. Judicial status quo start from the two aspects of the legislation and judicial practice, and summarizes the problems exposed.The third chapter discusses the theoretical discussion on the settlement of civil and rotary cases the Administrative with Civil investigate and solve such cases should consider the premise of factors and issues to be addressed.The fourth chapter is the introduction of extraterritorial experience, to the United Kingdom, France, Japan, for example, how to deal with the case different judicial system.The fifth chapter concluded with Administration and Civil litigation is the best choice to solve cases. I first review of the legality of specific administrative act, and then discussed with Administration and Civil Litigation significance, feasibility and related regulations, and supplement other means of relief.
Keywords/Search Tags:civil dispute, administrative disputes, cross issue, administrative litigation incidental civil action, civil action withincidental administrative litigation
PDF Full Text Request
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