The Research On China’s Administrative Civil Cross Case Processing Mode

After thirty years of reform and opening up, our country each career gained the success that attracted worldwide attention, however the legal construction of our country and our country economy, society are not synchronism, even though China has now established a relatively complete legal framework, but in reality there are still many problems not timely being incorporated into the legal orbit. Since twentieth Century, the power of the government is increasingly expanding, administrative power has invaded into the civic life of various fields more and more, has more and more affected the citizen, this also makes the administrative legal relationship and the civil legal relationship producing great contact, When the stakeholder is disputed,Administrative, civil cross case,as an important role,appeared in the stage of history.Strictly speaking,administrative, civil cross case is not a new thing, countries around the world already have a large number of research and have made many scientific and distinctive achievements, but in our country, whether in theory or in judicial practice, this kind of case is still not achieved consensus, Although,the situation of contention of a hundred schools of thought may promote the development of the academic greatly, but the theoretical differences led to the court contradictory sentence,made the rights of the parties damaged,and so on. this situation has undoubtedly a significant adverse effects on the maintenance of the socialist rule of law authority and imminence the vital interests of the people.Therefore, It is important to explore a scientific and effective in solving the administrative, civil cross case.In the present academic circles," Incidental litigation " mode seems to occupy the mainstream position.In addition to" incidental litigation" model, many scholars also argue from countries and regions in the world of experience. The author thinks that although the perspective, more or less put some rational reason, Due to administrative, civil case cross itself, the complexity of the legal relations, whether" incidental litigation" or other point of view of its own characteristics can’t seem to solve such problems facing the dilemma, Therefore, the author in this paper by combining our country judicial practice experience and theory, attempts to construct a truly suited to China’s special national conditions of solution.The first part of the article made a summary on administrative, civil case cross from a theoretical point of view.Through the analysis of the concept of cross cases and causes of cases,I hope to lay a foundation to solve this problem from a theoretical point of view.The second part of the article is a summary of the discussion situation of administrative, civil cross case, introducing the representative views about administrative, civil cross case,making the analysis of the advantages and disadvantages of incidental litigation,finally, supporting the authors point of view.The third part of the article is mainly discussing the solution model on the administrative, civil cross case.The author will divide the cross case into two categories from another perspective,and I shall discuss in details on the solution mode of administrative, civil cross case.