Analysis On The Development Of The System For Administrative Procedure Incidental Civil Action

Action is based on the existence of social disputes and takes the resolution to the disputes for direct purpose. Action in essence is a process to encourage stakeholders to participate in the procedure and independently exercise their rights through the concept of procedural justice so as to have a material impact on the disputes over substantial rights and interest. Although there are a variety of legal norms to adjust different social disputes, social disputes are numerous and complicated, the diversity of the disputes makes it impossible to make uniform regulations on legal norms. In judicial practice, under the circumstance of separate trial on administrative disputes and civil disputes, sometimes the administrative litigation can be continuously tried until the corresponding civil action results come out, and the he civil action also needs to wait for the administrative behavior's effectiveness cognizance, which result in the case protracted, aggravating the parties' exhaustion; in addition the results of the two often conflict with each other, causing the low quality of judgment and wasting litigation resources.The system for administrative procedure incidental civil action is the litigation system which jointly handles the civil disputes and administrative disputes in the administrative litigation process; however, incidental civil action still belongs to civil action in essence and has inherent advantages over the crossed administrative and civil cases. At present, the law in our country has no provisions on the system for administrative procedure incidental civil action, and even the newly revised administrative procedure law has not recognized the system; but some scholars in the theoretical discussion and some courts in practice hold that the administrative incidental civil lawsuit system is feasible and necessary, and is also in conformity with the trend of law.Through the analysis on the judgment of the first instance and second instance on house acquisition compensation split case from housing donation in a divorce agreement, in combination with the trial mode of crossed administrative and civil cases in the judicial practice, and on the basis of the analysis and comments on the articles for crossed administrative and civil cases in Article 61 in the newly revised administrative procedure lawin 2015 and the relevant judicial interpretations of the Supreme People's Court, this paper introduces the status quo of the research on the system for administrative procedure incidental civil action, then determines its definition, feasibility and application scope and concludes that the system for administrative procedure incidental civil action is a good choice to solve such cases. The author hopes to have a certain role in promoting the development of the system for administrative procedure incidental civil action through his own legal understanding behind relevant cases.