Study On The Mode Of Administrative Civil Litigation

The expansion of the administrative power in modern society and the constant involvement in the civil field are considered as the main reasons for the emergence of administrative civil disputes.Academic circles in China on the cross Ancient Chinese Literature Search administrative cases of civil disputes how to deal with,it began with the "Henan Jiaozuo property dispute case" sparked concern and Discussion on the occasion.So far,the research achievements on this subject theory,mainly focuses on the administrative behavior binding force of civil trial and civil disputes as a subsidiary problem in administrative litigation,and the establishment of the administrative incidental civil lawsuit system feasibility and obstacle etc..The practice earlier defined the civil adjudication pattern through the establishment of the administrative incidental,the dispute case trial together with cross attitude,so as to simplify the procedure,improve work efficiency,avoid the contradiction,to promote the "case" for the purpose of.Administrative incidental civil action mode of trial for the trial of civil disputes in the case of cross-the value of geometry?In practice,some of the inherent drawbacks can be overcome?Whether the parties choose administrative incidental civil litigation mode can better protect their legitimate rights and interests?I am afraid that the current legal provisions and theoretical research results are not enough to support the needs of the judicial practice,the above questions still need to be further investigation and study.In this paper,the revision of "administrative procedure law" in the perspective of the administrative incidental civil litigation trial mode officially recognized by the law and regulations and judicial interpretation is not perfect in the background,through theoretical analysis,interpretation of law,and the extraterritorial comparative study way of administrative incidental civil lawsuit trial study mode the theory and procedure,and the judicial practice of the system put forward reasonable suggestions.The first part of the article from the perspective of administrative civil dispute cases cross,elaborated the administrative incidental civil lawsuit trial mode in the background,and based on summarizing the relevant research results,the author puts forward the concept and characteristics of civil trial mode of administrative incidental understanding.The second part of the comparative study of the civil law and the common law countries in the civil dispute cross cases on the way to deal with.Based on the analysis of the experience of the two legal representative countries to deal with the cross case of the civil disputes,the Enlightenment of the judicial practice in our country is drawn.China's special legal system determines the processing mode we can not copy foreign,but we can learn from the countries of Anglo American law system in the case of a similar treatment experience,to establish the administrative incidental civil litigation mode,other ways to supplement the civil dispute cases for treatment principle.The third part discusses the establishment of the administrative incidental mode and the necessity of the feasibility of the trial of civil litigation,on this basis,the author points out that administrative incidental civil litigation trial mode in solving the case for civil disputes on the cross although obvious advantages but also has its inherent defects,it is not a necessary program to resolve the dispute,but under the current judicial environment the optimal solution.In the practice of the implementation of the trial of cross controversial environment,it should be combined with the actual establishment and improvement of suitable for China's national conditions of the trial mode of cross trial.The fourth part puts forward some reasonable suggestions on the legislation of the administrative incidental civil action.The article thinks,should be as soon as possible to amend and perfect the administrative incidental civil action of the implementation details,in order to facilitate the practice of civil disputes in the case of cross trial.