Classifiedly Processing Of Cross Cases Between Civil Dispute And Administrative Dispute In The Context Of The New Administrative Procedure Law

Cross cases between civil dispute and administrative dispute are common in the judicial pratice of the middle and primary level.The lack of clear and operable rules in laws,regulations and other normative documents brings lots of randomness and disorders to judicatory practice.Improperly handling of these cases easily lead to resolve disputes uncompletely,increase burdens of parties,damage the judicial authority and trust.Before the modification of the Administrative Arocedure Law,such cases related problems have discussed many times,and several courts have carried out the pilot work of "administrative incidental civil lawsuit",also achieved certain results.With the executing of Administrative Procedure Law and its formulating interpretations,the settlement of cross cases between civil disputes and administrative disputes has entered a new stage.In author's view,to resolve the toubles of this cases ultimately in the context of the new laws and interpretationgs must understand the meanings of the laws accurately,analysis the real problems,increase the operational cooperations in judicatory systems,formulate specific detailed procedures;and process it classifiedly.