The Effect Of Civil Judgment To The Following Administrative Litigation

In judicial practice, civil disputes and administrative disputes cases have been implicated, cross, influence each other. However, due to the lag of theoretical research and the lack of legislation, processing pattern of this kind of case is not unified, litigation process is time-consuming and the verdicts conflict each other, which serious harm the interests of the parties and affect the judicial authority and credibility. For such cases and its related problems, most scholars seek solutions from the choice of program, coordination and operational level while few study the processing method of overlapping or conflict in the process of civil litigation and administrative litigation from the effectiveness of the decision level. The thesis applies the method of empirical analysis, combining with historical analysis and comparative analysis, through the in-depth study of “civil determine judgment of the effectiveness on subsequent administrative litigation” and other relevant problems, in order to solving problems of new solutions and response perspectives in the practice of the cases related to administrative civil dispute.The thesis text includes the following five parts:Part one: the raising of the question of the civil determines judgment for the following effectiveness of administrative litigation. First of all, the cases that civil disputes and administrative disputes have been implicated, cross, influence each other are defined as “cases related to administrative civil disputes” in the thesis. Secondly, it briefly introduces different processing modes of this type of legal practice cases and analyzes the advantages and disadvantages of various options. Finally, the process schemes are limited to identify and select the “entrance” of this type of cases whereas it ignores the “export” of handling such cases – the interaction of the civil determine judgment effect. Due to professional and able limitation, the research scope of this thesis is confined to the study of the civil determine judgment for the following effectiveness of administrative litigation.Part two: the theoretical basis of the civil determines judgment's restriction of administrative litigation. It includes three aspects: the investigation to the history of the system of administrative litigation, the intrinsic consistency between civil litigation system and administrative litigation system, namely the equivalence of civil jurisdiction and administrative jurisdiction and purpose convergence between the two systems, and the inherent requirement of judicial power credibility. Through analysis of these aspects, it demonstrates the theoretical foundation and legal basis from the effectiveness level-determine civil administrative litigation judgment on subsequent binding – to solve problems in the practice of the cases related to administrative civil dispute.Part three: the investigation and comparison of related response investigation. At first, it introduces theory or interpretation path of “the civil determines judgment for the following effectiveness of administrative litigation in the cases related to administrative civil dispute” in the Anglo-American law system and the continental law system. Secondly, due to the effect of the Soviet civilian action theory in mainland China, traditional judicial practice applies “pre-determined facts” and “pre-determined effect” to explain and determine judgment the fact judgment on the effectiveness of the problem in the latter litigation. Finally, it pointed out that “pre-determined effective” aims at the fact judgment questions in civil judgment reason and cannot effectively explain the legal judgment sentences as well as the main cause of questions about the effectiveness of legal judgment. Therefore, we should base on the judicial practice in our country, with reference to the theory of Britain, the United States and the mainland legal system to perfect our system of civil judgment effectiveness.Part four: the theory framework of the civil determines judgment for the following effectiveness of administrative litigation. As the focus of the thesis, it is based on part of three “the investigation and comparison of related response investigation” on the basis of combining multiple practice case system to demonstrate the state-should-be of the civil determines judgment for the following effectiveness of administrative litigation. From subjective scope, according to the nature of the “the validity of constitution”(positive effect of res judicata), it explains why there are difference of two elements of object and subject of litigation between the subsequent administrative proceedings and the advance civil lawsuit in litigious; with the restriction of civil determine judgment. From objective scope, it respectively discusses the civil judgment text running specified in the res judicata effect of judgment matters and the effectiveness question of judging matters for judgment reasons. And the latter is further divided into legal judgment and fact judgment for further discussion.Part five: protection and relief of the civil determines judgment's restriction of administrative litigation. First of all, from the perspective of procedure guarantee of civil litigation(guarantee beforehand), it further strengthens the justification of the basis of “the civil determines judgment's restriction to administrative litigation”. Secondly, from the judicial relief of the administrative litigation(relief afterwards) point of view, it makes up for the determinate mistakes in the administrative litigation and the reality that the party does have objection, to fully guarantee the right of the parties to obtain sufficient maintenance and relief.