Research On The Intersection Of Civil Litigation And Administrative Litigation

After decades of civil trials and administrive trials, judged by all 3 level courts, with more than ten copies of written judgements, the property disputes of Gao Shanyong in Jiaozuo, HeNan Province has finally completed which drawn whole society attentions and also sparked a lively discussion on crossed cases of civil law and administrive law among academic circle.With the growing complexity of social relations and the deepening of judical practice, the number of crossed cases are increasing, so does the case types. The main reason caused the phenomenon above is that the actions of people has more than one legal attribute. With the rapid development of market economy, the executive power, representative of public power, gradually involved In the traditional areas of private right, which crossed the civil and administrive legal relations. Firstly, give crossed cases of civil and administrive an overview.Then analysis several different types of this kind of case one by one. From the classification of the specific administrive act, this crossed cases can be divided into four different types: civil disputes associated with administrive confirmation, civil disputes associated with administrive permission, civil disputes associated with administrive sanction and civil disputes associated with administrive judgement. It is a world problem to solve the crossed cases above. we can learn the trial mode of foreign countries because their judgement mechanism are earlier and more mature. In the third part of this article, I selected a few representative cases and analysied their judgement mode. We should treate these modes correctively and learn from the good part.We should regulate the trial concept, trial mode and other procedures to improve the trial system and establish appropriate mechanism on crossed cases resolution. In terms of trial concept, we should take into account the effciency and fairness together. Not only to achieve procedural fairness, but also pay attention to the efficiency of justice, and guarantee the consistency of the results. As for trial mode, not only absorb from practice, and laws and regulations also should be regulated. At the mean time, during the process of dealing with crossed cases, other procedures also should be noted, such as filing procedure and execution procedure. The trial can be conducted orderly and efficient by developing all procedures, establishing and improving mechanism. Only by doing this the role of law can function well and fulfill the task of protecting people's legitimate rights.