Study Of The Intertwined Cases The Administrative Civil Litigation System

Interweaving cases are appearing in a large amount. How solve them by lawsuit? It is an important subject in judicial practices. The so - called interweaving cases refer to special cases suiting, which include administrative dispute and civil dispute that both need resolved, then-result act as the cause and effect of each other. Such cases will all present in administrative litigation and civil action. The thesis probes into the lawsuit system of the cases only from Administrative Litigation. How to deal with interweaving cases? Can they adapt to Administrative Litigation attached to Civil Litigation? The thesis don't study it here .For wring convenient, interweaving cases aren't described. In Administrative Procedure Law in our country at present, the special lawsuit to solve the cases isn't set up. Is it practical to adopt the special lawsuit system-Civil Litigation attached to Administrative Litigation? Actually, Civil Litigation attached to Administrative Litigation has been put forward in our country. Can it really solve interweaving cases effectively? There are difference views. Administrative Procedure Law don't establish Civil Litigation attached to Administrative Litigation. So practice faces difficulty. Administrative Power of the world is expending. Under our country's special national conditions, the development of the administrative power is different from that of western countries. But the power still keeps expanding on the whole. It will interfere to the civil behavior. That determines administrative dispute and civil dispute will interweave, and interweaving cases will appear constantly. It's necessary to set up special lawsuit system.The forward part presents the methodology. Through " Description methodology ", we are able to grasp the general connotation and draw on experiences of other counties. By the way of "Prescriptive methodology", thesis makes value judge and choice of Civil Litigation attached to Administrative Litigation.The first part of thesis reveals the formation origin of interweaving cases in theory. Because of studying on the lawsuit system of the interweaving cases, It is necessary to introduce something about the cases themselves. The thesis studies the origin from two respects: theoretical origin and special origin in our country. Interrelationship of public law and civil law is theory origin. The frequent administrative law is the original formation cause of interweaving cases.The second part is about the general understanding of the difficulty in our county while the cases are lawsuit. In our country, both theory and the practice face fuzz. Lawsuit system lacks in Administrative Procedure Law, operation is of great difference. Meanwhile, the thesis prefers experiences of other countries are introduced, such as Britain, France, and Japan.The third part concerns the construct of lawsuit system- Civil Litigation attached to Administrative Litigation. Firstly, we study the basis theory of Civil Litigation attached to Administrative Litigation, for example, the exception, the character, etc. the part analyses especially theoretical basis. Civil Litigation attached to Administrative Litigation will not cause jurisdiction improperly interfere from administrative power. According to the theory of plural procedure and benefit procedure, Civil Litigation attached to Administrative Litigation should design the plural procedure. Seeing the difference of the interweaving cases, It divides into two types. In addition , the thesis discussion on the ways of try.Finally, with increasing interweaving cases, Civil Litigation attached to Administrative Litigation should be set up the lawsuit system of interweaving cases.