Disquisition Of Administrative Litig Ation With Incidental Civil Action

Administrative litigation with incidental civil action is a legal way of lawsuit for administrative and civil interlaced cases.As for the trial procedure of administrative litigation with incidental civil actions,years of exploration and practice have been made by China's academic and practical circles,who reached an agreement over the value and effect of the procedure.However,no systematic rules have not been legislated yet about the implementation steps,conflict mechanism or many other details.As the voice of advocating concurrent trial of administrative and civil interlaced cases of the society becomes louder and louder,the systematic legislation over trial procedures and systems for administrative litigation with incidental civil actions should be set in position as early as possible in China.In the Administrative Procedure Law 2014 and the judicial explanation for administrative procedure law,there are not detailed rules yet about the implementation steps and details of “administrative litigation with incidental civil action”.How to establish the trial procedures and systems for those cases? The academic circles have put forward many constructive suggestions.According to practical demands of judicial practice,this paper tried to compare the theories of academic and practical circles by focusing on practical research viewpoints from pilot courts to expound the relevant enforcement measures and conflict resolution mechanisms of administrative litigation with incidental civil action system.The paper is divided into five parts and three chapters.It is the fact that legislative regulations over the trial of administrative and civil interlaced cases in China are simple and rough,and the judicial system tends to shuffle mutually when handling such cases and with low efficiency and tedious lawsuits,which could not meet the needs of the people in the new era for judicial services.Aiming at studying administrative litigation with incidental civil action system,this paper put forwards legislative suggestions about the concept,framework,trial rules and procedures,conflict resolution rules,etc.,through studies on the values,functions,and implementation and conflict rules of administrative litigation with incidental civil action system to promote the establishment and improvement of administrative litigation with incidental civil action system.The achievement of administrative and civil interlaced disputes trial system's theoretical research,juridical practice and professional judicial institution setting reform experimentation are analyzed and the conclusion is that the time to introduce the framework legislation over administrative litigation with incidental civil action system has come,and once again,it calls for the opening of these framework legislation.