Concerning Administrative And Civil Disputes Cases Of Relevance And The Processing

Administrative litigation and the civil litigation are two different nature of the litigation, general respectively by administrative divisions and civil trial basis administrative litigation procedure and civil litigation procedure to solve. However, in real life, the administrative power in the private law unceasing seepage, often appear administrative disputes and civil disputes related cases. Due to the lack of legal system and the loopholes in, in specific legal application will have no consistent trial results each other, to the judge brings certain negative impact, not only separate the two lawsuits the implications of, also violated legal rights of parties, beneath the judicial majesty, cause judicial waste of resources. Therefore, civil and administrative disputes boundary points associated the type of case, construct different types of case handling mode, has become an urgent need to address the issue, it has great practical value. This paper on administrative litigation and the civil litigation related problems of the hearing of the case program be discussed, the hope can help to trial work.This paper first introduces administration and the civil dispute cases associated the concept and characteristics, discusses the reasons and judgment in the practice of the problem. Secondly introduces the administration and the civil dispute cases in association in judicial practice involves the specific administrative act, civil and administrative dispute case is generally associated by administrative behavior cause of intervention and cause, involves the administrative action have award, confirmed and penalty simply not the right to privacy act, and based on this, is a typical judicial practice of MinHang association case analysis the associated the type of case. At last, the paper introduces the civil and administrative disputes related trial mode. Different scholars views vary, but the major disputes in so independent trial or consolidated, this paper puts forward the comprehensive said, think the administrative litigation and civil action should be in distinguishing the premise of some conditions, using different mode, separately or trial, or merging together trial, according to different form to make a difference in judgment. In the independent trial mode expounds the order in the trial, in the consolidated mode of exploring the administrative incidental civil or administrative system with the construction of civil. This article attempts to different nature of the civil and administrative cases associated must be applied to different lawsuits this mode, so as to benefit the judicial practice.