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Administrative Included With The Civil Legal System

Posted on:2011-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2206360305968047Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Real-life relationships are intertwined complex, in practice occurred in the nature of a dispute with other disputes are often closely linked. As the administrative activities involved in diverse fields that make the cross-administrative actions and civil actions appear in the same situation in one case more and more. The urgent need for the judicial practice of administrative actions and civil cases of cross appeared to effectively address. The current legislation is not clear coupled with lack of judicial experience, caused by people's courts in adjudicating civil cases exist in the executive with considerable difficulties and passive. All this has seriously affected the incidental civil action during administrative litigation, at the same time undermined the authority of the law and China's legal system. This is ideal for a number of difficulties from the path of setting up of incidental civil action during administrative litigation as soon as possible. The ever-accelerating pace of life in society today will promoting the concept of administrative effectiveness of the proceedings incidental civil action system in line with people's values and practical reason. Therefore, Theoretical basis in terms of speaking or the judicial practice of view, incidental civil action during administrative litigation is very important. In this paper, mainly from the four major sections for incidental civil action during administrative litigation with the basic theory and procedural issues that were clearly defined. The first chapter is mainly for incidental civil action during administrative litigation with theoretical issues to explore with the analysis of available information. The second chapter is mainly for China's civil litigation system with the establishment of administrative means to engage in analysis, and the analysis of the basis of relevant institutions in other countries onto our argument to establish the reasonableness of such a system. The third chapter is mainly that they should not be classified as incidental civil action during administrative litigation. The fourth chapter is mainly for administrative principles. The fifth chapter is mainly for procedures of civil litigation with the issue of the design and recommendations. The establishment of this system is more practical feasibility. Form theoretical basis in terms of speaking to the judicial practice of view, incidental civil action during administrative litigation in our system is very necessary and feasible. It is great significance for the maintenance of justice, unity and authority of the Monitoring of national administrative organs according to law and the legitimate rights and interests of the parties.
Keywords/Search Tags:incidental civil action during administrative litigation, Cross case, comprehensive review of the principles
PDF Full Text Request
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