Civil Administrative Cross Type Trial Application Research

Building property right confirmed cases of trial procedure in civil and administrative trial procedure more cross,because the two trial of the trial procedure complex,trial period is long,the parties tired heavy,serious waste of judicial resources.At present,the people's court trial procedure of such cases of trial model respectively,part of a civil case by the civil procedure,administrative section by the administrative procedure,a case fact to be two kinds of legal proceedings,litigation effect is not satisfactory,the decisions of the civil and administrative trial results conflict is often happened.In order to improve the court's trial efficiency and saving the cost of litigation,to cater to the need of promoting judicial reform trial quality and efficiency,it is necessary to analysis,combing the cause of the civil administrative cross type cases,put forward the reasonable mode,aiming at this kind of trial in a simplified procedure of saving the costs of the parties at the same time,promote judicial fairness and justice,improve judicial credibility.Civil administrative procedure based on a cross of housing property confirmed cases as teasers,analyzes the difficulties encountered in the judicial trial,find out the causes of civil administrative trial procedure cross apply,and according to the judicial practice and the characteristics of civil administrative cross type cases,according to the different types of cases,designed the special trial procedure in such cases.This paper will be divided into three parts except preface and conclusion:The first part,a general overview of the civil administrative cross type cases,mainly for housing property confirmed cases the cause of the two trial cross analysis.First of all,define the concept of civil administrative cross-shaped building property right confirmed cases.This article discusses the civil administrative cross-shaped building property right confirmed cases refers to the court involves the confirmation in the case of building property right,need to have both decided that house property right holder of the real,and the legality of administrative ACTS,such as the registration of change of the disputes involving both entities civil rights,and legitimacy problem involved in the specific administrative act,the case involved two disputes,civil and administrative case involving two civil and administrative trial procedure,each other two kinds of disputes,two overlapping program of building property right of confirmed cases.Secondly,analysis the cause of such cases.Through to the housing property cases cause the cause of the civil and administrative trial procedure is analyzed,help to understand the cause of civil administrative cross type cases.Again,analysis the civil administrative cross type specific features of housing property cases.The second part,it is to our country civil administrative cross-shaped building property right to confirm the current situation of the trial procedure and discusses the difficulties encountered in the trial.This paper discusses mainly the people's court in the judicial practice of civil administrative type cross cases of confirmed cases of civil trial procedure of exploration and housing property,the judgment of administrative proceedings cross.The third part,the paper puts forward the civil administrative type cross trial program of specific solutions.Through the discussion of first and second part,the building property right confirmed cases,for example,draw lessons from foreign related judicial experience,put forward according to different types of case,consolidated and trial respectively is presented in this paper,the combination of supplemented by civil mediation to solve civil administrative cross-shaped building property right confirmed cases of application problems.Adopt consolidated and)respectively,the combination of the trial of civil mediation is complementary mode,not only conforms to the civil administration type cross the basic characteristics of building property right confirmed cases,full,simplify the procedure to save the judicial resources,reduces the v.tired of the parties,further improve the judicial credibility.