Civil, Administrative Disputes Associated With The Procedures Of The Case Research

The Topics "Civil, administrative disputes associated with the procedures of the case research" is not hot field of procedural law, but it is a big difficulty. On the one hand, the experts and scholars’direct practical experience is not much, even for judges, lawyers, encountered such cases is still relatively rare; On the other hand, the persons who has the relevant experience encounter such problems, tend to talk about the case itself on the surface, The analysis is rarely from the theory and litigation on the angle of combination. The proposed opinions is to avoid or forced merge program.This directly led to the lack of pratice,resulting in a mismatch between the theoretical research and practical.In this paper, the case lay out the civil cases related to administrative disputes’litigation period problem, the validity of the decision conflicts problem, civil litigation and administrative proceedings problem, before the judgment on the decision binding force problem, action selection problem and some procedural problems; through the detail method about the civil cases related to administrative disputes solution in the theory circle and practice circle, clarify the cohesion defects two litigation dispute cases related to implied, refutes the "theory" to solve the single mode, the invariant of our judicial system of two mode under the condition of three kinds of feasible way to reform from the fundamental; through procedural law perspective, combined with the reality of our country and foreign legislation from the theoretical source, the administrative authority, legal binding force, the judicial two mode, the judicial finality, the association of cases; finally obtain some ideas to solve problems, in consideration of efficiency and fairness under the premise of "who is the premise to deepen who first" rule and puts forward legislative suggestions and more practical guidance to specific:First of all, the civil cases related to administrative disputes, civil case suspend litigation in principle, exceptional circumstances in the case of administrative proceedings.Secondly, in the lawsuit case must be shortened, compared with the ordinary single case, the administrative case trial must be limited.Thirdly, in some special cases, civil court can review and make a final judgment.Though the comment of civil cases related to administrative disputes.This paper hopes to to explore new areas of the classification of reform from the fundamental, and the solution concept, for interdisciplinary edge litigation dispute research.This paper is divided into four chapters: The first chapter, through the description and analysis of two typical cases related procedures, extract the problems existing in civil cases related to administrative disputes, and respectively analysis combined with case.The second chapter, the civil cases related to administrative disputes, China’s current theory and practical solutions to "judicial Finality" and "the two element system" as the key link to classify and make a reasonable discussion, obtain the three kinds of feasible methods under different conditions.The third chapter, the nature of the problem to reform of the civil cases related to administrative disputes are solve from the fundamental from the procedural law perspective.In addition,the chapter solve the problems behind the legal binding force, executive force, the two element system and judicial finality and so on many theoretical problems.The fourth chapter put forward ideas to solve the problem, relevant procedure of civil cases related to administrative disputes, including the principles and suggestions of legislation, legislation to provide guidance for the practice of resolving relevant disputes.