"Relevant Civil Dispute Concurrently In Administrative" System Examination

After the 20th century,with the rapid development of social economy,administrative concepts have also changed,and administrative power as a representative of public power has increasingly invaded the field of private power.At the same time,the dual boundary between public and private law has gradually faded.The interaction between administrative law and civil law has become more frequent,and the civil rights represented by private rights have increasingly affected public rights.This interaction and integration can promote different sectors of law.The exchanges between them are also prone to cause conflicts between the pedestrians,and this kind of conflict is manifested as cross-citizen cases in practice.The civil and administrative overlapping cases involves both administrative and civil laws,and the two disputes are intertwined,so it is more difficult and complicated.The "Jiaozuo real estate case" is a typical representative of the civil and administrative overlapping cases.The implementation of the newly revised "Administrative Procedure Law" in 2015 has resulted in the emergence of a collective trial system for citizens.The collective trial system can effectively shorten the litigation cycle,alleviate conflicts in judgments,reduce the burden of litigation,and ultimately maintain judicial authority.However,due to the current imperfect regulations on the collective trial system,the lack of unified regulations on the application procedures,and the incomplete related supporting mechanisms,the application of the collective trial system in practice is not satisfactory,and it has been in a "dormant state" for a long time.In order to give full play to the effectiveness of the combined trial system in resolving civil and administrative overlapping cases,and at the same time to further improve and perfect the combined trial system,this article starts with practical cases,and selects 109 applicable practitioners to be tried together through the Judgment Document Network.Civil and administrative overlapping cases of the system,statistically analyze the application status of the system in practice,dig out the problems in the application process of the system,and conduct an in-depth analysis of the causes of the problems,and finally propose corresponding improvement measures for the problems found.It is expected to be beneficial to the improvement of the collective trial system and to stimulate its maximum efficiency.