The Study On The Proceeding Modes Of Administrative-civil Overlapping Cases

Administrative proceedings are that People’s Court review of administrative organ or the referee is authorized agencies and their staff and other administrative body of the specific administrative act is legal, approach to solving the resulting administrative body and administrative disputes between administrative counterpart litigation. Civil proceedings are the people’s court to solve civil disputes in civil litigation between subjects. Both have different properties. Thus, each followed the legal basis of legal principles and approach to solving the case of litigation, etc. There is a great difference. Both belong juxtaposed parallel litigation system, the two distinct characteristics, functions very different aspects of the protection of the interests is more focused. Civil adjustment for a judicial, administrative proceedings belongs to public law areas, usually they are carried out separately, respectively, by people’s courts and administrative tribunals in accordance with the civil division corresponding civil procedure and administrative proceedings be heard and referee.With the reform and opening up and rapid development of market economy, the Chinese government administrative authority that faces rapid social development and continuous expansion of private rights field has been widely penetrate the executive power, private law relations in administrative public authority to intervene everywhere, administrative law and civil law relations mutual relationship of cross, associations, parties an act capable of causing multiple legal relations. Administrative disputes and civil disputes directly or indirectly affect the occurrence giving rise to the case of gradual increase in trial practice administrative dispute and civil dispute cross each other, influence each other cases frequent.When a particular case involves both administrative legal relations and legal relations in civil, how to define the nature of the dispute and how to determine the cross case for proceedings in order to coordinate the resolution of two different types of disputes is a question. For the maintenance of the unity of applicable law, how to improve trial efficiency and reduce the cost of litigation has a very important legal significance. Since legislation in such cases yet to be clearly defined, academic points of view on this issue have various differences about judicial practice dealing with administrative, and civil disputes cross-case approach is more variety. How to choose the mode of trial of such cases has become the legal theory and judicial practice to discuss the hot issues. Extraterritorial civil law and common law on the pattern of the administrative and civil disputes crossover trial is different. They have their own strengths. How such issues are handled properly resolved. You can learn from foreign experience in the successful trial, combined with the actual situation of China’s national conditions? to strengthen administrative and civil disputes cross-case study of theory and practice. In order to resolve administrative and civil dispute cases cross barriers, we should explore solutions to these cases cross-process integration approach to comprehensive, be dealt with properly and efficiently address those dispute that content an administrative, civil, but closely associated with the dual nature of the case. Only this, the legitimate interests of the parties will be maximum security, and the social harmony and stability will be fully protect.