An Analysis Of Civil And Administrative Associated Disputes Litigation

Civil litigation and administrative litigation is to solve two kinds of legal disputesprocedure, its applicability is different lawsuit theory and apply different procedural rules forcivil and administrative trial basis. But with the development of society and economy, thenatural expansion of administrative power, the civil law disputes are not simple to single civilor administrative disputes appear, but the relationship of civil law and administrative lawrelationship and interwoven in the concrete legal relationship, integral. But the current judicialsystem and the different nature of the dispute by the same court inside different court applydifferent lawsuit theory and procedure to resolve, which inevitably leads to the same case indifferent judicial theory and procedures are intertwined with the conflict, civil litigation andadministrative litigation disputes related to the issue of proceedings.China is the mainland legal system country, in judicial practice, always in search ofrelevant laws and regulations to determine the types of dispute settlement methods, but insuch civil and administrative disputes related to settlement of lawsuits in civil procedure lawin136th has been mentioned, but is unable to find more laws. It also makes to solve theincreasingly complicated civil and administrative disputes related to litigation is stretched.This article from the civil and administrative disputes related to specific types of litigation;learn from foreign experience combined with China’s long-term judicial practice, trying tofind solutions to the problem of new breakthrough.In this paper, a total of3million words are divided into6parts:The first part mainly put forward civil and administrative disputes related legal reality,and the presence of specific types. Through the studies of the problem of argument andexplanation of civil and administrative disputes related to elucidate the action reality, problemsolving and urgency. Civil and administrative disputes related to the existence of the typemainly administrative behavior in a civil case type as the main classification method, the civiland administrative disputes related procedure is divided into4categories.The second part is mainly on the experience of overseas study. American law countries isbecause on this kind of problem solving method and the countries of continental law systemto this kind of problem solving method. Among them, the countries of Anglo-American lawsystem in the treatment of this kind of problem with greater flexibility, although for perfectingthe relevant legislation has certain reference function, but its legislative origin owing to the great gap in the use of it has certain practical difficulties. While in the countries of continentallegal system in Taiwan area of China the experiences examined, because its legal source in thereference and application of the same, have natural advantages.The third part mainly is to our country in judicial practice of civil and administrativedisputes related to deal with litigation experience were cited.The fourth part mainly to the judicial practice in China to solve the civil andadministrative disputes related to various types of litigation. From the various way advantagesas a breakthrough point, to a comprehensive explanation of civil and administrative disputesrelated to the complexity of the litigation and actively seeking solutions to the actual andpressing sex.The fifth part mainly on China’s judicial source sets out, combine our country judicialpractice and legislation system, seeking in the settlement of civil and administrative disputesrelated to the idea of breakthrough.The sixth part mainly from the settlement of civil and administrative disputes related tothe type of solution sets out, in different civil and administrative disputes related to type,different processing method based. In order to solve specific types of civil and administrativedisputes related to litigation issues.