Administrative Proceedings And Civil Actions Related Case Hearing Mode Research

The crossover of administrative disputes and civil disputes has been increasing in the judicial practice along with the expansion of national administrative power and so on. On the one hand, there are only some principles which are not clear or specific. On the other hand, the theory of resolving this problem brought up by some scholars still needs further study. Due to the lack of maneuverability, more and more disputes can not be resolved properly and effectively. The worse is this phenomenon has seriously damaged the judicial authority. Therefore we must try to perfect the specific rules of trial pattern selection about this problem.This article starts from the conflict between administrative legation and civil legation, to analyze the conflict of specific system such as qualification, trial rights, procedure and the implementation of judgments. And further point out that there are deeper conflicts between them. We analyze the causes for the administrative and civil interwoven case, which are beneficial for solving problems. Then we introduce and comment on the foreign countries'key solutions for solving this problem and the solution proposed by the learning circle. Finally, we put forward practicable and operable solutions. There is no fixed solution for interwoven cases, but there are principles must be followed. The specific choices should be based on the different mode of interwoven cases and the order of proceedings. There are two main trail patterns that are administrative litigation with supplementary civil litigation and parallel litigation. At last we design some specific system related to interwoven cases.