On The Line, Competing Of China Dispute Settlement Mechanism

Administrative proceedings and civil actions are two different kinds of litigation, often addressed in accordance with the courtroom proceedings and civil proceedings separately by the courtroom administration and civil administration. However, in real life, there are usually some cases combined of administrative controversy and civil controversy. Since China's laws and regulations did not make specific provisions, it rose the confusion in practice of the trial, seriously damaged the authority of the judicature. So to explore methods of treatment of such cases systemically in theory has become the current issue that should be settled urgently. In this paper, the breakthrough point is the emphasis is not confined to a particular solution, but with the types of analysis to the competing cases, based on the combination of the researches in internal the theoretical circles and using sophisticated experience of foreign countries for reference, under lucubration of a wide range of solutions , according to judicial practice of China and in the principle of fairness and effectiveness of the proceedings, be practical and realistic it defines and brings forward a reasonable solution and to explore the structure of a new system from a point of view legislatively hoping to promote the development and perfection of our litigation system.The text is divided into five chapters. Preface Chapter I is from the "Gaoyongshan and the film equipment company of Jiaozuo City's real estate dispute case" it leads to the issue we will talk about - the settlement of the competition between administrative proceedings and civil actions. It explains the value and significance of this artical from both theoretical aspect and practical aspect and simply gives the methods and ideas of study in this article. Chapter II is administration controversy, civil disputes and competition. According to the brief introduction of the definition and estimation standard of them, it analyses the three basic types and the necessary to solve them. Chapter III is the comparison study of how to solve administration controversy, civil disputes and competition extraterritorially. This chapter studies the legislative experience and practice of administration justice from the laws of typical western countries and Chinese mainland, also analyses the settlement body in Taiwan to summarize the commonness of them thus provides useful help on how to establish such a system in our country. Chapter IV is to analyses the current situation of our lawmaking in administration controversy, civil disputes and competition, expatiate the current problem and the reason of it. Chapter V is the emphasis and the core content of this article. It first gives the considerable factors in the settlement body .Base on that it rises a detailed thought of how to construct such a system: should vary from case to case, the selection criteria depends on the relationship between the two proceedings, the solution of which will promote a precondition to the other should be settled first or cognizance separately.