Chief Incidental Civil Action Range Explored

There is no one statute could resolve the cross-administrative and civil cases explicitly which appear in reality. So, scholars proposed the way to resolve these issues is that building the system of administrative litigation with incidental civil action, but during the discussion from the academic, they ignoring the practical significance that administrative indemnity action and administrative compensation action included in the scope of administrative litigation with incidental civil action. Administrative litigation with incidental civil action is the need and inevitable choice for administrative trial work and its value is conducive to protect the rights of citizens. In arguing for the feasibility of civil administration,at the same time,apply the empirical and comparative analysis method ,point to whether the cases of administrative indemnity could become members of the administrative litigation with incidental civil action, which included the feasibility and necessity of such proceedings, as well as whether its will bring that change about a virtuous cycle of judicial authority after joined the scope of administrative litigation with incidental civil action. The arguments of this article is to establishment the system of administrative litigation with incidental civil action, and then widen its scope to include in administrative indemnity action and administrative compensation action, is one way to solve the social phenomenon that growing lack of judicial authority. By analysis the social cases like house demolition, aim to aroused the attention of the problem that administrative negligence leading to loss of government credibility and the public faith in the law, and discuss the theme of this thesis. The value of that to widen the scope of the system of administrative litigation with incidental civil action to include in administrative indemnity action and administrative compensation action is that to help our country to establish the respect from executive power to judicial power, to promote the image of the government to establish good faith to address social instability, so as to achieve a real administration propose, the public belief in law, social harmony and development country status of the rule of law, promote to establish the integrity government.