Administrative Disputes And Civil Disputes, Weaving And Processing

In the civil action, usually there will be one party who may use the administrative decision as the official document and certificate, sometimes both parties maybe hold the official document and certificate, even would be more, but the other party will refute the opponent by reason of the administrative decision breaking the law, thus it will appear the intertexture of the administrative controversy and the civil controversy. The processing of this intertexture case is very confused in the judicial practice, in the result, it will damage the dignity and authorityes of the judicature, also will increase the burden on the party concerned.The writer feeling with this, consults the general research situation of that problem, settles this text as" the intertexture and handle with the administrative controversy and the civil controversy". Although this problem does not undergo systematic research, but involve in the theory and practice more, and last for a long time, become the real problem that can't be avoided. Some scholars mention among the relations between administration and administration of justice, some touch upon the behavioral duke's strength of making of the administration, some study in the civil action evidence, some prove in the lawsuit or judgement. They have all done the lying between or initiative work of guiding, but the study on this problem is only a beginning at present. I try, go on one to this question overall investigation, it expects to be can for being tired to try humble effort best on party that Line two fight.Since " civil procedure " is issued and implemented, have have official document book as phenomenon that evidence appear among numerous civil action, until how about book asserts, become a thorny problem official document as whom evidence appear. At that time method confused, most judge (say court to be getting kind? )Regard determining in the administration as the card fact of exempting and assert, assert as the objective fact in other words, get rid of specific judge refuse to adopt the letter to their either. When " Administrative Procedure Law " was made, this question has been already very general, but because scholar's research range restricts, or legislators have not been considered in this law out of evading the consideration of the question. The implementation of " Administrative Procedure Law " makes this question clearer again, more complicated too. The clear ones include more persons, including the party, scholar and judge realize the administration decides that there is a...