Civil Incidental Administrative Litigation Research

The process of production and development of dispute is also the process of dispute settlement. Dispute settlement has developed from "private relief to "public relief gradually with the constant evolution of humanity civilization . Nowadays, although the dispute settlement mechanisms tends to be more flexible and diversified, jurisdiction is still most civilized and impartial , and diversified, thereby is the most reliable legal mechanism on settling dispute and court cases. In the traditional law philosophy, jurisdiction is regarded as nearly continuously legal the only value, but the procedure justice because its most possibly guarantees the substantive just realization but time the modem people's favor. However the legal system is in the final analysis the benefit principle control, the solution legal dispute procedure materially is for promotes the high benefit assignment right duty endeavor, therefore, in the judicial process, the benefit (including procedure benefit or lawsuit benefit) is called outside the procedure justice an legal value pursue. The procedure justice and the procedure benefit are precisely the civil action and the administrative proceedings connection question research theory basic point. it needs to be studied especially from angle of jurisdiction system that the interactive question on administrative litigation and civil action. The design of lawsuit mechanism should reflect fundamentally value of law. This article divides into the introduction, the main text, the conclusion three parts. The introduction main showing research topic reason and the goal, involved domain and present knowledge blank, as well as anticipated research results and its to judicial practice guiding sense.The main text altogether is divided five parts, the first part first has carried on the analysis to the civil supplementary administrative proceedings general theory, namely carries on the limits to some basic concepts, mainly has the supplementary lawsuit the concept and the characteristic, civil supplementary administrative proceedings concept and characteristic. Then utilizes the case analysis the method, has analyzed the question and the relief method limitation which in the extant judicial practice exists, then has proven the civil supplementary administrative proceedings existence value.