The Analysis Of The Trail Mode Of Administrative Litigation In Interlocked Civil And Administrative Cases

In judicial practice, the field and the scope of administrative power expands increasingly,administrative legal relation is the administrative dispute which is generated in the process of exercising the administrative power between the administrative organs and administrative counterpart.Administrative party could become the main body of the administrative legal relation also may become the subject of civil legal relation which relates to administrative authority.Two kinds of legal relations will influence mutually it is the trail mode of interlocked civil and administrative case. Two different kinds of legal relations penetrate with each other the legal relation of the interlocked civil and administrative case is complicated for the trail of this type of cases,legislation and judicial interpretation are not clearly defined. Therefore,in judicial practice,how to try such kind of cases how to determine the nature of the case and the jurisdiction and applicable procedures how to coordinate and solve two disputes with different nature which have great significance for improving the efficiency of the trail defending the authority of law, reducing litigation costs. After the research of the author in domestic theory and the practice about the different trail mode of interlocked civil and administrative case, through different type of cases,the author analyses the existing problem and reason of China’s current trail practice in the trail mode of interlocked civil and administrative case,proposes feasible suggestions which is available to our country’s condition for the trail mode of interlocked civil and administrative cases,in order to ensure the effective operation of judicial practice in civil and administrative judicial power.