On The Trial Mode Of Crossing Cases

Nowadays, an increasing civil activities are exposed to the restriction of state administrative power, the situation where the intersection incurred between civil and administrative activities during the civil litigation has become more problematic upon the involvement of administrative activities when dealing with the civil disputes. The civil and administrative overlapping cases can be classified pursuant to the various types of administrative activities intervened in the civil legal relationship. Without the definite merits, the methods which have been come up with to handle the civil and administrative overlapping cases are proved to be defective in different degrees. Undeniably, these problems are detrimental to the judicial authority and contribute to a waste of judicial resources. Additionally, it fails to protect the litigant’s legal rights and to perform the contentious procedures mediating dispute function. For those judicial countries who have applied the extraterritorial “single model” or “dual model”, they have advanced the beneficial attempt with regard to solve the cross cases. In the meanwhile, a distinctive “hybrid model” has been established in Japan providing reference and experience with us. In order to process the cross cases, apart from a couple of basic rules, the adjustments made in administration is also required.