Research Of The Cross Of Administrative And The Civil Law

With the change of the times and progress of social, the administrative right hasincreasingly participated in all aspects of social life, and is closely related to the lives ofcitizens. Which inevitably conflicts with civil right and interests in different areas,followed by a line of administrative and civil disputes cross cases. These cases has thecharacteristics of both polygon and complexity and the times. There is no matureresearch results at the theoretical level in contemporary China, various scholars havedifferent opinions and uncompromising. Also there isn’t a full and scientific trialmechanism for dealing with such cases in the judicial practice.Then we have no way todeal with new cases timely and efficient, which has a great impact on the parties’s rightto appeal and the judicial authority. Thus, the reconstruction of the handling mechanismof administrative and civil disputes cross case is essential.The basis of this paper is to resolve disputes, protect the legitimate right and interests ofthe parties, and safeguard judicial authority. Its ultimate aim is to create the perfectadministrative and civil dispute handling mechanism of cross-case litigation. Byanalyzing its basic legal principles, learning from the extraterritorial experience andinvestigating China’s present situation that the judicial organs deal with theadministrative and civil dispute cross cases,the paper reveals current problems anddifficulties of litigation processing mechanism in the actual operation. And thenaccording to our national conditions, learning from foreign regime,the paper tries tobuild a processing mode of the administrative and civil dispute cross cases called themixed trial mode. The paper analyzes the characteristics of this mode which embodiesin the legislative principles, procedures construction and handling mechanism, to notonly meet the special requirements of the administrative and civil dispute cross cases’shandling mechanism, but also overcome and eliminate many problems and obstacleseffectively in the existing handling mechanism. And eventually making the goals ofjustice and efficiency come true.This article consists of five parts. The preface is the first part. The statistical results of acourt’s cases attracts our attention to the administrative and civil dispute cross cases.The second part defines the administrative and civil dispute cross cases theoretically,and briefly lists the main types of cases in the judicial practice, determines the object ofthis paper.The third part,mainly in the UK, France and Japan for example,summarizesthe handling ways of the administrative and civil dispute cross cases in different legalsystem countries, and teases out where we country could learn from.The fourth partbased on the reality and analyzes the present handling situation of the administrativeand civil dispute cross cases.The fifth part gives suggestion to perfect the processingmode of the administrative and civil dispute cross cases, which named the mixed trialmode, including the construction on nine areas, such as the jurisdiction, the trialorganization, the parties,the proceedings, the judgments and so on.