A Study On The Litigation Mechanism Of Crossing Cases Of Civil

Civil and administrative overlapping case in recent years, more and more get the attention of practice and theory, which has become a difficult problem in the trial practice. But in practice of the trial, the theory how to solve the problem of civil and administrative overlapping case is not unified, the trial pattern is not unified, the legal construction of mechanisms is not imperfect. All of this, makes the trial of civil and administrative overlapping case become a mess, and there are many differences between the court in the trial procedure, applicable law,and the results on the referee. The author of this paper as a worker in trial practice, also feel the urgency to seek a solution of civil and administrative overlapping problem.This paper wants to clarify the complex relationship between civil and administrative overlapping case,and put forward own viewpoint to this problem.The author hope unified the view of the trial, providing certain reference for our country there is no complete system and no specific legal provisions and practice operation rules of law.Through the analysis of three typical cases, this article in the introduction part raises a lot of problems,Such as the trial mode of civil and administrative overlapping case not unified, the verdict having a contradiction, the trial time being long, causeing the litigation complex. And then put forward the problem in this paper to solve: explore the method to resolve the problem.The first part of this article elaborated the root causes of problems of the civil and administrative overlapping case, and classify the case by a standard of generated situation and the basis of the relationship, to provide theoretical basis for support to solve the problem of the civil and administrative overlapping case.The second part of this paper designed the reasonable litigation mode to prevent of all kinds of problems of the civil and administrative overlapping case. First, this paper introduces the litigation mode in theory. Second, under the current lawsuit mechanism, the author analysis the solution of the problems of the civil and administrative overlapping case solution, and design a reasonable path to try a case.In the third part of the thesis, on the basis of nature analyzes of the civil and administrative overlapping case, the author put forward to the ultimate method to solve the problem. Then the single litigation mode and the unified litigation mode are put forward to hope to perfect the civil and administrative overlapping system building.