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Study On Trial Organism Of Connecting Cases Between Civil Dispute And Administrative

Posted on:2014-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2296330425978756Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Legal source of life and reflect the life. Along with the executive powerpenetrated into all spheres of life of the civil society, people line interwoven cases isbooming. The same administrative behavior may lead to two distinct attributes ofcontroversy, or civil disputes settlement will lead to an administrative action has yetbeen made the legal relationship reassortment in this process. Civil disputesadministrative the dispute mutually trial premise to deal with the surge of thereciprocal causation cases on the results, and properly deal with people interleavingcase trial problems. Compared to the extraterritorial practice summary, Civilinterleaving localization characteristics of the trial of the case, the logical startingpoint is that the Court’s own discretion and administrative disputes and civil disputesmutually binding problem.This article introduction thrown the full text of the topic civil dispute withassociated cases of administrative dispute handling mechanism and simple sort ofresearch results at home and abroad to study the plight and Solutions, pointed out thepractical significance of the research topics.The first part describes the causes of people related cases, reality based onprivate law the dualistic tradition has long been public and private law and public law,private law, public law, executive power expansion while also a means to softenadministrative disputes mutual penetration and civil disputes, and discuss the peoplerelated cases exist space and causes based on the combination of administrative actionclassification.The second part of our country and extraterritorial treat people related caseshearing attitude, our experience with the the joinder possibility owned by civil,administrative normalized by the civil administration and people line associated casestransformation. Throughout extraterritorial, three processing modes can learn from thefirst principle of jurisdiction: the judicial system of the United States, the processingmode of the dual system of Justice French subsidiary, German lawsuit stop theprogram.The third section discusses our specific approach when people line associatedcases encountered in the administrative proceedings and civil proceedings. Theassociation is divided into civil trials and administrative disputes, administrative adjudication of civil disputes related and civil trials, administrative adjudicationparallel three cases.The fourth part focuses on administrative incidental civil effectivecountermeasures to solve people related cases, and a brief summary of itscharacteristics, and then from the system design level of administrative incidentalcivil trial procedures reconstructed to match the trial practice policy requirements fitthe question of the rule of law in the country of Italy.
Keywords/Search Tags:administrative disputes, civil disputes, administrative disputesassociated with civil disputes, administrative Incidental Civil Action
PDF Full Text Request
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