Civil Action, Administrative Precedent

This article is to discus the preliminary administrativequestion in civil litigationo. During the process of the a civillitigation the party may sometimes argue against the legality ofadministrative act on which a civil act is founded, so, whether thespecific administrative act is legal or not becomes a prerequisitefor the inquisition and finding of common pleas. The preliminaryadministrative question in civil litigation means the civil case incourt solves to take resolving the administration problem that acertain party concerned disputes as a premise, and theadministration's problem isn't the key problem of the party concernedcontroversy, but It decides the end result of case. Become thelimitation of the code of civil procedures of the administrationlitigation, either litigation procedure can't solve the case withthe civil problem and administrative problem. There are differentopinions in both theory and judicial practice. Some scholars considerthe court can't examine the legality of specific administrative actsin a civil litigation; some scholars think the court should have theauthority to do with it, and another scholars think the court canInvestigate concrete administration behavior by proof form. Take awide viewour country's judicatory practices, because the law of civilprocedures and administration procedures didn't rule definitely tothis problem, and the judicatory of the Supreme People's Courtexplains are conflicting, making the way of doing in the practicemultifariouso The results which causes to, is the case solve slowly,and the sentence conflicting.In author' opinion, the essential of accessorial evidentialadministrative problem is the problem of relationship between thebonding force of concrete administrative behavior and the evidenceeffectiveness. The evidence effectiveness request reviewing the concrete administration behavior, but the bonding force of concreteadministration request everybody to subjected to its to control.Crossing to analyze the limited of bonding force of administrative,the author advise during the process of the a civil litigation,the court can inspect the administrative act in evident form, andit don't adopt to the illegal concrete administration behavior. Toanother concrete administration, the civil court can't deny itseffect. but the court can service the judicial suggestion to theadministrative organ.Because author's level is limited, have unavoidably inconsideration. Hoping this article can draw on more people topay attention to this problem, and making this problem to end resolve.