Study Of Cross-over Cases Involving Real Estate Civil And Administrative Cases Heard Together

In judicial practice,the number of civil and administrative cases involving immovable property is gradually increasing,and concurrent hearing as a more efficient mode of handling such cases is less applied.The Administrative Litigation Law of the People’s Republic of China（hereinafter referred to as the Administrative Litigation Law）was amended in 2015 to provide for a system of concurrent trial of civil and administrative cross-over cases involving immovable property.The Interpretation of the Supreme People’s Court on the Application of the Administrative Litigation Law of the People’s Republic of China（hereinafter referred to as the Judicial Interpretation of the Administrative Litigation Law）elaborated the provisions.Later on,some regions issued guidelines or adjudication guidelines containing provisions relating to the joint trial of civil and administrative cases involving immovable property in response to local conditions.Although the current laws and regulations for the civil and administrative cross-cases involving real estate have certain provisions,but because of the civil and administrative cross-cases is plagued by theoretical research and judicial practice for many years,and in practice,the complexity and diversity of the case,involving real estate cases in which a large proportion of the existing provisions are not enough to meet the needs of trial practice,must further improve the civil and administrative cross-cases involving real estate system of trial together The system.On the basis of reading and studying the relevant materials,this article summarises the current system of concurrent hearing of civil and administrative cases involving real estate,analyses the problems of concurrent hearing in China’s trial practice through some case examples,and puts forward feasible suggestions on how to improve the concurrent hearing system in line with China’s national conditions,so that it can provide more basis for trial practice and ensure the smooth operation of the concurrent hearing provisions.On the whole,the joint trial mode of civil and administrative cases involving real estate needs to be further improved to better meet the needs of trial practice.