Suffered A Civil Suit When The Administrative Proceedings

There are massive cases in the judicial practice that the civil disputes and theadministrative disputes are interwoven (the so-called civil and administrative interwovencase is referred to a special kind of cases in which civil disputes and administrative disputesare interwoven, simultaneously exist, have connection in content, and their results havecause-and-effect or mutual condition relationship). There are no explicit stipulationsregarding this kind of cases in our country's procedural law. Therefore, the judicial circlesalso solve this kind of cases in extremely different ways, and it even appeared an astonishingphenomenon of "one case, eight decisions". This article carries on a series of discussions toseek a reasonable solution to this kind of civil and administrative interwoven cases.The first part of this article is the research about the dispute and its solution mechanism,and the value of the civil procedure. If we want to find the solution to a question, we mustfirst carry on theoretical analyses, such as what is the dispute, what the dispute solutionmechanisms actually include, as well as what profit "ADR" can bring to us to reasonablysolve the disputes. In the traditional philosophy, justice is nearly regarded as the only valuein law, but procedural justice is most favored by the legal profession because it can probablyrealize the essence of justice. In the present economical era, the high speed solution ofdisputes and the economization of judicial resources certainly cannot be obtained withoutprocedural efficiency. It is undisputable to take the procedural justice and the proceduralefficiency as the theory starting point to solve the civil and administrative interwoven cases.The second part of the article carries on an analysis to the civil disputes and theadministrative disputes interwoven cases. What is the civil and administrative interwovencase? The article tries to define this concept. In the practice there are three main kinds ofcivil and administrative interwoven cases: interwoven cases because of the administrativeruling behaviors, interwoven cases because of the administrative verdict behaviors,interwoven cases because of the administrative permission behaviors. It is also extremelyessential for the solution of civil and administrative interwoven cases to make clear theorigins of these three kinds of cases.The third part of the article introduced the present situation of the solutions to the civil andadministrative interwoven cases both in home and abroad. Regarding our country's solutionto civil and administrative interwoven cases, the judicial system established the "onesolution" way, but problems actually still exist. In the civil-law legal system countries,because of the division of the ordinary courts and the administrative courts, when solvingthis kind of cases, contradictions can arise between the two sets of courts if the civil andadministrative interwoven cases are tried alone by the ordinary court as the civil case, orpurely tried by the administrative courts as the administrative case. Therefore, they havechosen the means by which the civil cases and the administrative cases are simultaneouslytried. In the Anglo-America legal system countries, there is no division of ordinary courts and the administrative courts, nor is there special civil courts and administrative courts in thesame court. All types of cases are tried by the same judge in the same court. Therefore, theyhave used the administrative supplementary civil action procedure, first solving the publiclaw problem and then handling the civil disputes.The fourth part of the article has mainly discussed the solutions to the problem. There arevarious viewpoints in our country's legal profession regarding the solutions to the civil andadministrative interwoven cases. There are mainly four kinds of solutions as follows: First,advocating establishing the principle of "first administrative disputes and then civil disputes";Second, advocating the establishment of administration supplementary civil action system;Third, advocating the establishment of the system that the administrative and civil disputesare solved separately; Fourth, advocating the establishment of judicial final resolutionprinciple. But what has been discussed most is the establishment of administrationsupplementary civil action system. The scholars arguing for this viewpoint believe that theadministration supplementary civil action is advantageous to the unification of court'sverdications, and is advantageous to the actual solution of disputes. At the same time, theadministrative supplementary civil action conforms to the lawsuit economical principle, andis advantageous to the full use of limited judicial resources. This article has analyzed withemphasis the administrative supplementary civil action and its unreasonable factors. For thethree kinds of representative cases proposed in the second part, based on the "exhausting theadministrative relief", and "the judicial final resolution" principles, this article constructs thelimited civil supplementary administrative proceeding system, the administrative bodywitness system and the litigant lawsuit system that are suitable to the present judicialsituation of our country.