Research On The Trial And Judge Issues Of Administrative Incidental Civil Action

In response to this awkward situation that there was no legal basis for administrative incidental civil action in the past.The administrative procedure law,amended in 2014,established the system of civil disputes shall be tried together with in administrative litigation.However,the provisions of the administrative procedure law is too principled to solve complex practical problems.In judicial practice,the mode of administrative incidental civil action has the following problems:first of all,there are two different kinds of trial modes:"Civil action after administrative litigation" and "Administrative litigation after civil action".Secondly,for the cases based on civil action,besides the two different modes of trial,there is another way that is suspend administrative proceedings,civil disputes shall be tried before the administrative litigation.So,under what situation can we take "Civil action after administrative litigation","Administrative litigation after civil action" or suspend administrative proceedings to solve administrative incidental civil action?In addition,in judicial practice,there are two different kinds of adjudication way that is "two cases in one sentence" and”two cases in two sentence".The judicial interpretation is based on what consideration that the administrative incidental civil action should be "separately adjudicated"?which is also a question worth exploring.In order to solve these problems,we should under the guidance of the existing theories and combine the judicial practice of our country to construct the mode of trial and the way of adjudication in administrative incidental civil action.In order to construct the trial mode and the way of judgment of the administrative incidental civil action.First of all,we should study the system of countries or regions which are similar to our judicial system.For example:France,Germany,Japan,and Taiwan.Research on the different solutions to cases relating to civil and administrative in these countries or regions,we can learn from the different approaches which is suitable for our national conditions.Secondly,clarify the basic principles that should be followed in the construction of administrative incidental civil lawsuit trial mode and judgment way.Finally,on the basis of the experience in other countries,from the judicial practice of our country,combined with administrative procedure law,judicial interpretation and basic principles,constructing such trial mode:the basic litigation first,don't suspend anther litigation trial for the principle,when the basic litigation is relatively complex,it can be suspend another litigation trial for exception.Construction "two cases in two sentences" judgement way of administrative incidental civil litigation.