Exploration Of Solving The Relational Civil Disputes In Administrative Trial Proceedings

Administrative associate civil case it is referred to in the discussion of other civil administrative cross-case, civil or administrative cases intertwined civil administrative cases coincide, the administrative trial is hot and difficult issues. After the article in the Administrative Procedure Law to modify the proposed model be tried as a civil administrative cases associated with this wording, from the broader perspective of the concept of civil and administrative cases were associated elaborated angle involved in civil activities way from the executive to the civil Causes administrative related cases summarized in the executive directly involved in civil and commercial activities, the administrative organ shall be civil and commercial acts, the executive confirmed that civil and commercial facts and legal relationship of agency decisions in civil and commercial disputes, granting the executive civil and commercial matters qualification five main respect, and people need to be analyzed according to the line associated with the case to the administrative mode associated with the civil case is divided into administrative act is a preliminary question of civil litigation, civil debate is the fact that the basic facts of administrative acts, civil disputes and administrative disputes have the same basic facts because resolving civil disputes and make administrative decisions, civil and administrative organs of the same body damage to the administrative relative person required to assume liability for five types, and each type is illustrated.In the second part of the article introduces the major countries outside such as civil law in France, Germany, Japan, the Taiwan region, China’s mainland and the common law countries main hearing civil cases related line pattern profiles, from the operation of the legal system and practice I have three modes associated with the National Bank of the case namely parallel mode, Priority mode, with mode summarized, especially on the advantages and disadvantages and problems were three modes Analysis.Articles heavy head is the third part of the proposed law be dealt with jointly build and improve the model. Article, and previous discussion and words such as "crossover", "intertwined," "coincidence" compared to the revised Administrative Procedure Law, together with the review on condition defined as "related" civil disputes, where "relevant" should be from broader perspective to understand, as long as the trial of civil disputes can be overcome were hearing a waste of judicial resources, inconvenience party litigation, leading to the referee contradictionproblems, we shall determine the relevant cases were heard together, and people line associated with this case and also to reflect the wording of a "relevant" word unity.Article that administrative tribunals to hear civil disputes the law does not, in theory,any obstacles on the practice, and need not be hearing a civil dispute must be attached to the administrative cases. Taking the real problem to be solved together with the trial as a starting point, to be hearing cases under the jurisdiction issue, together with the processing of applications questions, court costs problem, the problem evidentiary issues, the question whether the divisional, judicial organization of the trial question,the referee issues are discussed in detail.In the conclusion, the author proposes, together with the trial implementation of the system and the conditions need to play a greater role in three areas: First, the judicial use a broader perspective to understand the people associated with the line of cases "relevance"; the second is the substantive law About people line associated case studies can not stop; the third is the need to be heard in judicial practice mode active exploration and summary.