Trail Mode Research Of Cases Relating To Civil Law And Administrative Law

Before the new "administrative procedural law" promulgated in 2014,the old administrative procedural law " and the supreme people's court related judicial interpretation are the main legal basis of dealing with the administrative dispute in our country.Similarly,the civil procedure law and relevant judicial explanation are the main legal basis handling civil disputes.Administrative litigation solves administrative disputes,civil lawsuit solves civil dispute,however,the old " administrative procedural law " and " the civil procedure law and the related explanation were not for the cases relating to Civil Law and Administrative Law.When administrative dispute and civil dispute cross exists in one case,the administrative litigation law and civil litigation law relations exist at the same time,the judge does not apply the same trial procedure and the same legal rules,lead to civil disputes and administrative dispute overlapping case cannot get substantive solution under the same standard.Such cases in different countries?regions? of the processing pattern are different.In the Anglo-American law system countries,for the cases relating to Civil Law and Administrative Law some basic processing mode is worth using for reference.Such as the United States established independent control board as power hybrid mechanism between administrative organs and common court.In British civil procedure,administrative act is invalid as the reason for defense,can be directly to review of the effectiveness of the administrative act,also do not need special judicial review procedure.And the civil law countries,pay more attention to the Preliminary question and accessory examination of the problem.In German civil dispute as the precondition of administrative litigation,administrative court shall suspend the administrative litigation,after being civil dispute resolution as the first administrative trial procedure again.The legality of administrative ACTS as the precondition of civil action,not by the ordinary court review directly,which should suspend the civil procedure,the administrative court to review the legality of administrative act.But when administrative act is invalid,ordinary court may deny the legitimacy of the behavior directly,do not need the administrative court's review.Affiliated problems in administrative trial in France,the civil dispute as a premise problem in administrative trial,belong to a trial premise,the ordinary court civil dispute,administrative dispute,the administrative court respectively.In practice,the administrative court to suspend the administrative proceedings,stay as a premise problem of civil dispute resolution,then restore the administrative litigation.In Taiwan,as the precondition of the administrative litigation civil disputes.If the civil litigation,has let the beginning not concluded to the administrative litigation should be suspended,after waiting for civil judgments made to restore previous administrative proceedings;If a civil dispute has not yet entered the litigation procedure,the administrative cases can be ruled to suspend.The past in the judicial practice,our country basic formed Handling of administrative cases firstly,and then deal with civil cases,separate treatment,incidental litigation,civil litigation attached review of administrative action.The treatment because of its inherent defects and eligibility on the crossing characteristics,thus emerged in the process of using the impartiality and authority,final cannot guarantee to resolve disputes.In 2014 the new "administrative procedural law"(2015)promulgated,article sixty-one of the detailed rules for the first time the cases relating relationship between administrative litigation and civil litigation,explore the problem of judicial public law and the expansion of administrative power,the generalized cases relating to Civil Law and Administrative Law.On this basis,around the world,explore the experience of extraterritorial cases relating to Civil Law and Administrative Law,thus puts forward three aspects to discuss: the first is how to solve the administrative act as Preliminary question of civil action,the second parallel trial pattern analysis of civil litigation and administrative litigation,system of the administrative incidental civil action and finally make a comprehensive investigation.The perspective of the actual cases relating to Civil Law and Administrative Law to based on legal norms,this paper puts forward the ideas of perfecting cases relating to Civil Law and Administrative Law trial mode,and strive to improve the judicial impartiality and authority.