The Study Of The Resolution Of Intertwined Cases Concerning Both Civil Disputes And Administrative Disputes

With the rising prosperity of China’s market economy, administrative powers get involved in economic affairs more and more often than before, lots of administrative agencies who function as the third parties have been dragged into the resolution of civil disputes. Therefore, many civil litigations and administrative litigations which are originally irrelevant are intertwined with each other for all sorts of reasons. Those intertwined litigations’long process and contradictory verdicts bring huge trouble to the parties concerned and the courts. The archetype of these litigations is Gao Yongshan, Jiaozuo Video Equipment Company & Jiaozuo Textile Group case, which was processed by courts in 3 levels. After 10 years of trial,18 judicial adjudicative documents were produced, yet the dispute was still unresolved, and the great influence caused by this case disclosed the very defects of China’s judicial system.The current legislation for this problem is still very simple, and different courts handled these intertwined cases in different ways. The reasons are not only the delay of legislation and the uncooperative judicial system, but also the mismatching between the idea of Justice and the demand of social transition.Scholars’ opinions on this problem are also various. The most prevailing viewpoint among them is to establish the so-called civil claim annexed to administrative litigation system, which is also objected by a lot of people. The draft of new Administrative Procedural Law is affected by this viewpoint to a great extent, yet the concept of civil claim annexed to administrative litigation hasn’t been confirmed in it. By studying a few foreign countries’ experience, we can find out that the keys to the resolution of these intertwined cases include adjusting measures to differing conditions, economizing the judicial resources and refusing the doctrinarism. Therefore, based on the extent of the draft of new Administrative Procedural Law, the author tries to offer several advices, wishing to benefit the resolution of this problem.