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Analysis On The Perfection Of The System For Administrative Procedure Incidental Civil Action

Posted on:2021-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2416330602478166Subject:legal
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Under the development of society,the phenomenon of civil interaction and state administrative power mutually restricting and influencing each other is becoming more and more obvious.State administrative power has more and more constraints on civil activities,which in turn have a profound impact on the exercise of state administrative power.This is reflected in the fact that civil disputes and administrative disputes are more and more overlapping and overlapping with each other.In administrative litigation,there are also many civil disputes accompanying and appearing.The newly revised "Administrative Procedure Law" establishes the implementation of an administrative incidental civil litigation system,and an important step has been taken in the process of building the rule of law.The establishment of the system can improve the efficiency of litigation to a certain extent,and can alleviate the litigation pressure on the parties to a certain extent,thereby saving judicial resources.However,the system has exposed many problems in judicial practice,and many aspects of it need to be improved and perfected in time.The perfection of the system can make the cases of pedestrians and pedestrians more efficiently resolved,and make relevant judgments more fair and transparent,providing institutional support for China's continuous promotion of the rule of law.Based on the study of the related literature,sorting,forming a comprehensive understanding of the system of administrative incidental civil action,think the administrative incidental civil lawsuit system refers to the people's court in the process of the handling of administrative cases,the parties put forward is closely associated with the administrative dispute civil lawsuit,the people's court for administrative dispute and civil dispute as the floorboard of the lawsuit.The litigation form of administrative incidental civil action is incidental,the administrative action and the incidental civil action are related and the applicable rules are compound.Effective use cases in the process of the judicial experience,to collect and analyze related cases especially cross the line of people in the net written judgment to the court case has carried on the further analysis,found problems in the process of administrative incidental civil lawsuit system in applicable,for in the applicable process of the system of administrative incidental civil action,the essay discusses the problem of discovery.Combining with the problems reflected by the administrative incidental civil litigation system in judicial practice,Further analyze the existing problems and put forward countermeasures and suggestions on how to solve these problems.
Keywords/Search Tags:administrative incidental civil action, litigation, administrative and civil interlaced disputes
PDF Full Text Request
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