The Study Of Incidental Civil Lawsuit Administrative Action Problems

Along with the social progress and development, the development ofsocialist market economy and the establishment of development, civildisputes and administrative disputes cross a large increase in the case andis increasing, the modern society with the expansion of the administrativepower, administrative law and civil law on mutual penetration, at thesame time, China is the economic and political system reform, theinevitable result of social development. But due to legal and judicialinterpretation of cross processing of cases there is no clear provision,there is no clear rules. To the civil disputes and administrative disputescross case how to deal with, in theory circles dispute is bigger, and injudicial practice in such cases is often happen, and as a result of bothentities and procedure of intertwine, let the administrative, civil disputescross case, known as judge in the field of “mystery of the sphinx”. Thecareful study theoretical and practical circles at home and abroad aboutCivil disputes and administrative disputes cross case different trial basedon the model, the author analyzed comprehensive in judicial practice atpresent in our country Civil disputes and administrative disputes crosscase is the existing problems and the reason, and will build to China’snational conditions of incidental civil lawsuit system of administrative thenecessity and feasibility analysis, and put forward the construction ofadministrative litigation system with the our country civil preliminarysystem assumption. By constructing civil incidental administrativelitigation system, and make up for our country civil and administrativedispute handling the case the procedure in the cross short board system,make our country’s litigation system more perfect, reasonable, form withcriminal procedure, civil litigation procedure and administrative litigationprocedure is given priority to, to civil suit collateral to criminal procedure, administrative incidental civil lawsuit procedure and civil incidentaladministrative litigation, supplemented by complete program andscientific litigation system.