Study On The System Of Hearing Civil Disputes Together In Administrative Litigation

With the connection between administrative disputes and civil disputes strengthening,the cases related to civil and administrative disputes proliferate.Under the situation that the judicial resources do not match the judicial practice,it causes the mechanization of the system of simultaneously hearing civil disputes in administrative litigation.So far,through "interpretation","reply","opinion" and other legal documents,the process of our legislation has carried out many trial modes to resolve the disputes related to pedestrians.In 2015,the Administrative Procedure Law officially implemented the system of simultaneously hearing civil disputes in administrative litigation.The judicial interpretation was officially released in 2017,has stipulated the procedures for the simultaneous trial of relevant civil disputes.Although the system of administrative litigation to try civil disputes has been established in our country,it exposes the vague meaning of relevant legal norms and there are no comprehensive defects in the procedural rules when the concrete provisions are applied to actual cases.Based on cases from 2015 to 2021,this paper finds the existing problems in the system of simultaneously hearing civil disputes through administrative litigation in practice.First of all,"An Overview of the System of simultaneously hearing Civil Disputes in Administrative Litigation" discusses the concept of the system of simultaneously hearing civil disputes in administrative litigation as follows: In the process of hearing administrative litigation,the parties to administrative litigation apply to the people’s court for hearing administrative litigation and civil litigation together because the administrative management behavior of the administrative organ leads to relevant civil disputes and administrative disputes,and the people’s court decides that the administrative tribunal shall conduct the same hearing and adjudicate separately.;The applicable conditions include the scope of application,the establishment of administrative litigation and in the process of trial,civil disputes meet the conditions of prosecution and have not been filed,administrative disputes and civil disputes must be related;Its legal value revolves around the contents of improving litigation efficiency and substantively resolving disputes,ensuring the fairness of court hearing and the consistency of judgment results,safeguarding the legitimate rights and interests of parties and establishing judicial authority.Secondly,from the empirical research method,through the search of the adjudication documents,the paper finds the low operating rate of the administrative litigation to try the civil disputes together,the narrow scope of cases accepted and the simplified procedure rules.It is analyzed that the low rate of system operation includes the lack of normative guidance and the reason for the buck-passing of judges.The narrow scope of accepting cases includes the reasons for the inflexible scope regulation,the abuse of judges’ discretionary power and the continuous expansion of administrative power in the civil field.The oversimplification of procedural rules explains the reasons for the differences between the two main procedural laws,however,the administrative litigation to hear civil disputes needs to balance the difference,our law has no provision for it.Thirdly,"Research and Reference on the system of Administrative Litigation adjudicating civil disputes overseas" focuses on the solutions of the two major law systems in the face of the related disputes between citizens.Germany proposed the solution of "prerequisite question",France proposed the solution of "supplementary question",and Britain focused on the protection of private rights.In the United States,the courts respect the recognition of administrative facts by administrative organs,but legal issues still need to be reviewed by the judicial system.Japan put forward the transfer system and the party system,and then combined with our actual situation,selective foreign programs for reference.Finally,"Suggestions on improving the system of civil dispute adjudication by administrative Litigation Together",through discussion,puts forward the strengthening of the operating rate of the civil system of simultaneous adjudication,the need to build pre-trial guidance and improve the interpretation system;To expand the scope of application of the system of simultaneously hearing civil disputes in administrative litigation requires revision of relevant provisions and reasonable restriction of judges’ discretionary power.Normative trial procedures from the trial organization,the application of law,burden of proof,judgment,appeal,prescription,mediation and withdrawal of the case in order to put forward reference suggestions.