The Theory Of The Administrative Incidental Civil Lawsuit Trial Mode And Scope

The complicated social phenomenon, the civil relationship and the administrative relationship is more and more close, the number of administrative civil cross cases is also growing. In the case of limited judicial resources, establish and perfect the administrative incidental civil lawsuit system, is an important way to improve judicial efficiency, it is in line with the work report in 2016 the supreme people’s court puts forward the "comprehensively deepen reform of the judicial system, speed up the construction of a fair, efficient and authoritative socialist judiciary system" reform trend.This article selects the important and typical "the country’s first administrative incidental civil action" as the research object, because in this case the parties filed the administrative proceedings, puts forward two kinds of the claims, two types of dispute has many characteristics, such as correlation, in full compliance with the premise of this paper discusses the administrative incidental civil lawsuit, the case finally used the incidental litigation docket, but the case after the trial and trial of administrative incidental civil action and range over the trial mode, far-reaching, to quell the relevant disputes, make the administrative incidental civil lawsuit has been widely, must begin from the case scope of administrative incidental civil action mode of trial and study.Relative to the case and to apply administrative incidental civil lawsuit case applicable administrative incidental civil lawsuit trial mode and scope. The two controversial point there are different views, about single trial pattern in administrative, civil disputes and administrative incidental civil trial battle; the scope of existence "one" "two" "three" "four". From the point of the regulation of our country current legislation, laws of attached trial mode and scope of the lack of a clear, unified rules, related judicial interpretation on the attached trial mode and scope of the regulations, other normative documents on attached trial mode and low range stipulated by the force of law.This article through studies xu sue yinzhou district government and relevant cases, illustrate the legal theory, puts forward the legislative Suggestions of administrative incidental civil action of our country: one, clear administrative incidental civil lawsuit trial mode; Second, unified the scope of the administrative incidental civil action; Three, modify "administrative procedural law" the sixty-first regulation, specific will clear the administrative incidental civil action to fall to the ground, make trial mode and scope of the dispute settle as soon as possible, make the administrative incidental civil lawsuit is applicable at an early date.This paper put forward a clear administrative incidental civil lawsuit trial mode and scope of the legislative proposals, on the one hand can effectively settle this kind of case handling academic dispute, make the academia to study administrative incidental civil lawsuit theory; On the other hand, in order to solve such cases in practice provides a theoretical support and push related laws, can effectively put an end to the judicial practice to solve this kind of case handling inconsistent situation. No matter in theory or in judicial practice, legislation to clear the administrative incidental civil action is very necessary and feasible, it can not only timely and effectively resolve social conflicts, protect the lawful rights and interests of the parties, and is of great significance for building harmonious society, fully conform to the trend of the development of our era.