Administrative With Civil Exploration

Administrative litigation incidental civil action is a new subject after the implement of the Administrative procedure law in our country. In the actual life, because of the expansion of the executive power day after day, the mutual inflation of Administrative law and Civil law, cause the competing of the law and regulation, make a certain illegal activity not only infringe the provisions of Administrative law but also infringe the provision of civil law, thus produce a large number of administrative disputes and civil disputes, and these two kinds of disputes of different nature interweave together. In this way, the Administrative case and the civil case based on the same juristic fact exist in a large amount. But our country fails to make clear, concrete, unified regulation. These questions lead to great differences of Administrative litigation incidental civil action in the theoretical research and judicial practice. A series of important problems have to solve such as existence, the establishment condition and the range as well as concrete procedure, the operation regulation and so on.The Explanation of several Questions about carrying out of the supreme people court, stipulated in the Administrative award situation "merge trial" to court, make the regional court unify the methods in a certain degree. But this judicial explanation' clause is simple, its range is crossed narrowly, so it does not have effective feasibility. So it's necessary to study the system of Administrative litigation incidental civil action.This text ,by using real example analysis and comparative study, divide five parts from establishment of Administrative litigation incidental civil action in court system of the basic theories commence, clarifying the theories foundation of Administrative litigation incidental civil action system, analyzing the feasibility of the establishment of Administrative litigation incidental civil action in our country. The author thinks the establishment of the system in our country has its factual foundation, lawmaking trend, necessity and possibility. According to this, the writer aiming at the scope and the construction of the Administrative litigation incidental civil action, further analyses the standpoint of theories field and judicial actual situation field and put forward own understanding and the views for these problems.