Analysis On The Intersected Civil And Administrative Case

The intersected civil and administrative case refers to a dispute, which consists both ofcivil litigation and administrative litigation. There exists facto correlation between the two,and one litigation must be the premise of another. Dispute of this type can be concluded as“one dispute, two kinds of litigation, prerequisite for each other”. The crossover phenomenonis particularly prominent in the field of housing registration, and cases similar with "Jiaozuoreal estate" still emerge in an endless stream.The intersection in housing registration cases reflects as a dilemma in hearingprocedure，due to the crossover of administrative registration and civil legal relations. Thecrux of this plight lies in the obscure nature and judicial review standard of registration. Thesolution can be perceived from the aspects of substantive law and procedural law: whetherthe registration act is abstract and its relationship with The Acquisition in Good Faith, subjectmatter of litigation, procedure of prerequisite question and Res Judicata. At present, theindependence and abstract of juristic act of real right haven’t been adopted by China’s civillaw theory, but the system of bona fide acquisition is actually an exception at some extent. Inpractice, the prerequisite question is often trialed together with the basic charge, but based ondifferent subject matter of litigation theory, there are different views about whether the judgeon prerequisite question is enforceable.There are no clear and specific provisions on how to deal with intersected civil andadministrative case. However, in judicial practice, there are several kinds of processing mode:administrative litigation first or civil proceedings first, one single litigation, administrativelitigation with supplementary civil proceedings or civil proceedings with supplementaryadministrative litigation, objection to the registration. Advocators of combining the twohaven’t given more details to operate. Moreover, to resolve the practical problem emerged inan endless stream through legislation should be the last resort. Thus, combining of the theoryof juristic act of real right in substantive law and the theory of subject matter, together withRes Judicata theory, in order to improve the current third party system can be a feasible plan.