Civil Procedure In The Judicial Review Of The Legality Of Administrative Acts Problem Research

In recent years,we faced whith a situation in which the parties challenged the specific legality of administrative acts depending on the establishment of civil rights in civil process in relation to land, housing, forests, minerals and other real estate property ownership and infringement disputes occurred in patents, trademarks, copyrights and other intellectual property ownership and infringement disputes. Therefore it is a precondition to resolve the question of the legality of specific administrative actions. In this case, a civil division of the legality of specific administrative acts should be handled?The resolution of this issue, the Civil Procedure Law and Administrative Procedure Law of China have not made it clear that theorists have different opinions. Was raised by the civil division with administrative proceedings or civil proceedings to review specific administrative act, according to results of the review then the case for civil adjudication; Some people think that a civil division did not review the legality of specific administrative acts of power, either on the specific administrative act directly as the basis of a decision not to review or suspend proceedings on the administrative action by the administrative tribunal to judge the effectiveness of, and then restore civil proceedings. Judicial practice of these programs, or do not meet the legal requirements or the requirements of jurisprudence, or do not have the practical possibility and could not meet the urgent needs of the current judicial practice. In this paper, the judicial practice in China occurred in several cases as the starting point of the judicial practice in civil proceedings of the subsidiary issue administrative causes, summarized all over the court to treat such cases the misunderstanding and processing mode, described the French administration Law on Administrative subsidiary solution to the problem, proposed in our review of Administrative action validity in civil reason and the basic ideas of handling this issues.The thesis introduction, the total is divided into four parts:Part I: Administrative action validity issues in the formation of civil causes and treatment of misunderstanding. Of civil proceedings in the cause of the legality of administrative acts of reasons, physical reasons, reasons and procedures for technical reasons these three areas. That due to the theory of the Public Force, Civil Procedure review of administrative functions and the subsidiary issue of Civil Procedure section 136 on the understanding of other reasons, it is the subsidiary issue in dealing with the existence of administrative misunderstanding.Part II: Administrative action validity issues in the formation of civil causes in the processing mode and the pros and cons of assessment. Summarized the current around the court of civil proceedings in the administration in dealing with the issue of the five models of its subsidiaries, and case review that said the deal said the case, direct proof that the suspension and the suspension transferred to another to tell that, and the advantages and disadvantages of each model a brief assessment.PartIII: Administrative Law in the French solution to the problem on the Review of the subsidiary. French administrative law, on the significance of the problem and the subsidiary principle of jurisdiction, and trial prerequisite conditions for the existence and effect for a more complete description.Part IV : Civil Procedure in the review of administrative feasibility of the subsidiary questions choice of mode. That in civil proceedings to review Administrative action validity issues, and the judicial interpretation of the spirit, the development trend of evidence theory, the idea of a serious law enforcement and dynamic needs of justice and judicial efficiency coincide. In the mode selection, it is recommended to rule out the obvious and major flaws of these two standards in the civil proceedings to examine the issue of Administrative action validity.