The Administrative Incidental Civil Lawsuit Legal System Development And Research

With the rapid development of social economy, administrative power gradually to the field of traditional private law expansion, the increasing situation of administrative cases and the civil cases cross, judicial practice also has a growing need for to establish a set of mature settlement mechanism, to solve the cross of administrative and civil case.Administrative incidental civil system is in this context, the law created by the practice of the system. Although a large number of legal practice proves that in China the establishment of administrative incidental civil legal system is very necessary and feasible, but the legal system just one-sided exist in our discussion of the theoretical basis and case, legislation has not been a clear view. The legislation has not yet been formally established administrative incidental civil litigation system, resulting in the past judicial practice, for cross between civil and administrative cases, processing procedure and conclusion is, the emergence of different codefendant phenomenon, which greatly has the authority and integrity of damage of our method, increase the parties’ litigation tired, it is difficult to in the people establish feel the judicial fairness and justice. In the face of the emergence of a large number of cross between civil and administrative cases and the judicial practice of random and one-sided on its way, 2015 revised "the People’s Republic of China Administrative Procedure Law" put forward in administrative proceedings, the trial can be associated with civil disputes, this is a progress of cross case administrative and civil, but also the trial mode is difficult to meet the needs of rapid development of society and economy, and the administrative procedure law and the judicial interpretation on the trial system together with the procedural provisions about the complexity of the cross between civil and administrative cases and extensive, in order to adapt to the needs of the judicial practice in our country. The establishment of the administrative incidental civil lawsuit system is imperative.This text of three typical cases in judicial practice, analysis under the current legal system and properly handle problems exist cross between civil and administrative cases, the cross between civil and administrative cases the emergence of a large number of and complicated, take single mode to solve the case has been unable to meet the needs of reality through the first part. The part in the consideration of the case based, by defining the meaning of the cross between civil and administrative cases, put forward from the point of view of the judicial practice, administrative and civil case cross division into two types more in line with the actual trial, namely civil litigation involving administrative disputes and administrative litigation involved in civil dispute cases.The second part of this paper mainly introduces the development process of China’s handling of administrative and civil cases. For administrative and civil cases should be how to deal with, in May 1, 2015, "the People’s Republic of China Administrative Procedure Law" before the amendment, this does not make clear and specific provisions. In judicial practice, often judge is a civil dispute first according to the specific circumstances of the case, or deal with administrative dispute. At the same time, the Supreme People’s Court Interpretation on the implementation of the < the People’s Republic of China Administrative Procedure Law > problems "Article 61 only provides administrative adjudication of cases, the parties may request the court together in the trial of civil disputes. After modifying the May 1, 2015 "People’s Republic of China Administrative Procedure Law", the establishment of the administrative litigation process can be related to the trial of civil disputes together. To solve the cross between civil and administrative cases in legislation is a major breakthrough, but only tried together is still difficult to meet the needs of the reality and the administrative incidental civil lawsuit system is imperative in China.The third part analyses the necessity and feasibility of establishing the administrative incidental civil litigation system in our country are. The part of the extraterritorial investigation of administrative and civil cross case, combined with national cultural tradition and historical background and comprehensive consideration of the national conditions of our country on the basis of, in our country the establishment of administrative incidental civil lawsuit legal system to adapt to the needs of China’s current economic development.The fourth part of this article is to improve the legal system of administrative incidental civil action in China. This part defines the concept and characteristics of the administrative incidental civil procedure law system, and puts forward the applicable conditions of the legal system of administrative incidental civil action in China, and the procedural rules and so on. This part through the specific design of the administrative incidental civil action legal system, can play a perfect role in the legal system, in order to look forward to our country at an early date to determine the status of the legal system in the legislation.Finally, the author put forward although the present stage of the administrative incidental civil system not included in the legislation, but with the emergence of a large number of social life in the cross of administrative and civil cases, and trial practice of this kind of case handling, and part of the court of the administrative incidental civil action pilot, try and so on, the establishment of administrative incidental civil lawsuit system has been included in the legislation of the vision.