An Empirical Study On The Interrogation System Of Civilian-related Cases In Administrative Litigation

The trial of related civil disputes in administrative litigation has always been a problem that plagues judicial practice.For many years,the administrative law doctrine and the judicial practice community are actively exploring the best and most effective mode for trying cross-docking cases.In order to solve the difficult problems in this judicial practice,Article 61 of the revised Administrative Procedure Law provides for the establishment of a system for the trial of the related cases of the People's Bank of China from the legislative level.Following the Supreme Court's "Interpretation of the Application of the Administrative Procedure Law of the People's Republic of China",the application time,scope of application,trial,refereeing methods and litigation costs are refined to provide a basic basis for application.However,has this system achieved the expected judicial and social effects of increasing litigation efficiency,maintaining judicial authority,and substantively resolving disputes?The author formally investigates the operation status of the civil dispute system by analyzing the case sample and conducting research on the trial.By combing the samples,discovering the problems,and detailing the types of administrative cases that apply for the trial of civil disputes in practice,in practice,the handling of cases involving related civil disputes is arbitrary,and the reasons for not being allowed to be tried together are endless.In the case of administrative litigation,the use of the civil dispute system is contrary to expectations.Further analysis of the reasons for the problems and situations of the system,combined with the evaluation of the existing regulations in China,drawing on the provisions and experience of the reference extra-territorial system,and proposing the use of an open-ended provision in the scope of application to protect the identification of the parties.The pre-trial guidance and interpretation mechanism is adopted,and the reform opinions and glimpses of unified use divergence and perfect supporting measures are adopted in removing the applicable obstacles,with a view to promoting the judicial effect and social effects of the practical application of the system.