On Administrative Litigation Incidental Civil Action System

Procedural law is an important branch in the socialist legal system, whichincludes criminal procedure law, civil procedure law and administrative procedurelaw. The essence of litigation is the activity of the people’s court solving legaldisputes with proper laws. Because of the occurrence of the disputes regardless ofthe type and the existence of the disputes of different properties, therefore, one entityor procedure is not enough to solve or trial. Administrative litigation incidental civilaction is a kind of litigation system in which the people’s court trial theadministrative cases together with the relevant civil cases, but the incidental civilcases fundamentally belong to the category of civil cases. The rules in the existinglaws in our country on the cross cases between administrative case and civil case arerather ambiguous. No matter in the field of civil litigation or in the field ofadministrative litigation, the existing laws and regulations cannot handle the fact thatthe administrative cases are closely related to the civil cases which are complicatedand changeable. Currently, one of the most problems of the people’s court in dealingwith the cross cases between civil cases and administrative cases is the lack ofrelevant legal basis. In the legal practice, the conflicts between the sentences ofadministrative and civil cases frequently happen, which seriously affect the qualityof trial and the fair image of the court. When the administrative case and civil caseare trialed separately, the administrative case and civil case have to the trialed afterthe result of relevant administrative case and civil case coming out, which lead to thelong hearing cycle and the litigation exhaustion of the party and the waste of thelegal resources. Because of the different instructions of jurisdiction and the differentideas of trial, the arbitrariness and orderless-ness are caused in the trial of the crosscases in different courts. As a judge dealing with administrative trial, theshortcoming and problems are recognized in the trial procedure of the cross casesbetween administrative case and civil case in the current laws. It is hoped that thisarticle would improve and perfect the current administrative procedure law,moreover, the suggestion and advice are put forward on how to adopt administrative litigation incidental civil action system to trial the cross case between administrativecase and civil case.By analyzing and referring the current situation of administrative litigationincidental civil action system in our country and the trial mode of administrativelitigation incidental civil action system in the two law countries, the suggestion andadvice on how to improve and perfect administrative litigation incidental civil actionsystem are put forward.In the first part of the thesis, by listing and analyzing different understandingsof the concept of administrative litigation incidental civil action, the concept ofadministrative litigation incidental civil action is defined as: The litigation legalsystem of solving and trialing the administrative cases together with the relevantcivil cases according to the application of the party and with the consent of the partyin the process of the trialing administrative cases in the people’s court. Secondly,according to the comparison between administrative litigation incidental civil actionand other litigations, especially with the criminal cases attached to the civil litigation,the positive effect of the legal practice of criminal cases attached to the civil cases onperfecting administrative litigation incidental civil action system, and the feasibilityof perfecting administrative litigation incidental civil action system are stated.Thirdly, by analyzing the scope of application of administrative litigation incidentalcivil action in our country and the system of administrative litigation incidental civilaction abroad, how to determine the scope of application of the administrativelitigation incidental civil action is expounded.In the second part of the thesis, the type of case of administrative litigationincidental civil action, the current situation and trial mode of administrative litigationincidental civil action system in the two law countries and those of administrativelitigation incidental civil action system in our country are exemplified and analyzed.Combined with the legal practice in our country, it is believed by the author that thetrial modes,"administrative case before civil case" and "civil case beforeadministrative case", are not without shortcomings and defects: The first is the longhearing cycle, leading to the litigation exhaustion of the party. To solve the disputesthe party has to experience two procedures, namely the administrative litigation and the civil one. And sometimes the disputes may not be solved for years. The second isthat the trial modes seriously affect the justice and efficiency of the jurisdiction,which impair the legal authority. The litigation procedure lasting for years greatlyreduces the efficiency of the jurisdiction; moreover, there may be deviation betweendifferent trial organizations in one court about the fact of the case, the evidence, andthe applicable laws, which may be contradictory to each other, impairing theauthority of the jurisdiction. Therefore, the trial mode of administrative litigationincidental civil action is put forward, which is more reasonable than the trial modesof “administrative case before civil case" and "civil case before administrative case".On one hand, it prevents the party from experiencing two litigation procedures,saving the legal resources and improving the efficiency of the trial; On the otherhand, the trial conducted by the same organization is in favor of preserving the unityof jurisdiction.In the third part of the thesis, the suggestion on the modification of theadministrative litigation procedure is raised and the personal opinions are expressedon the principle of trial of administrative litigation incidental civil action in ourcountry as well as on the details of improving administrative litigation incidentalcivil action including administer, establishment of the party, hearing period, the wayof trial, mediation, appeal and execution.In the last part of the thesis, the importance of perfecting administrativelitigation incidental civil action system to solve social conflicts, protect the legalinterest of the citizen, preserve the harmony and stability is expounded in thebackground of the unity of political effect, social effect and legal effect pursued bysocialist legal ideals.