Research About Mutual Cases Of Administrative And Civil

Since the20th century, along with the continuous expansion of the administrative field, the administrative power in modern society has gradually involved in the traditional areas of private rights, since the adjusted civil and administrative law and administrative law civil legal relationship exists between a large number of cross-cutting, overlap situation, which makes the parties have the same behavior sometimes multiple legal attributes.With the deepening of judicial practice and the increasing complexity of social relations, the emergence of civil disputes and administrative disputes cross the line together people cross case. Court in such cases, neither mature theory as a guide, and no authority to obtain legislative approval for the operation of the justice model, therefore formed a fragmented processing mode, we can not effectively protect the legitimate rights and interests, but also resulted in trial work in civil and administrative chaos, seriously affecting the judicial authority and credibility.In this paper our administrative proceedings and civil actions to solve the specific cross-case judicial practice starting, see our jurisprudence in dealing with such cases on the basis of the different perspectives on the first line of China concept crossover cases, the causes, the main manifestations other aspects are described in detail and lists; Secondly, in the administrative proceedings and on our current civil trial mechanism detailed study of the cross-case basis, and pointed out the current line of people cross case trial practice the main problems and difficulties, for the current practice of judicial proceedings appeared in several modes are enumerated and the advantages and disadvantages of these types of trial models were compared; thirdly, for the administrative proceedings and civil actions to solve cross-case, more mature trial abroad experience. Based on the British, the United States, France, Germany, Japan and other countries and Taiwan, China representative administrative proceedings and civil litigation settlement mechanism Cross case study and comb, targeted people cross the line proposed settlement of the case established scientific principles and administrative proceedings and civil justice system and trial cross-case initial concept models, and administrative proceedings and civil proceedings involving cross-case legal norms related to the improvement provides the necessary ideas and corresponding solutions.