The Conceive Of The Resolving Mechanism Of The Cross Of The Administrative And Civil Law Cases

The cross of the administrative and civil law cases refer to what the civil and administrative appear in the same time, disputes are involved implicated in composition of legal facts, and the results are interacting. In recent years, huge numbers of such cases appeared, and the existing legal system of our country is lack of clear rules, there is certain lack of legislation that caused the confusion of handling, the modes of processing are rich in variety, infinitely damage our judicial authority and oneness. On such basis of summarizing the characteristics and main contradictions of such cases, the author contrasted and used as a source of reference external experience, and combined practical situation in our country, conceiving a way of completing the solution of such cases in our country.This article includes introduction, four parts of body part and epilogue.The introduction starts from typical cases and present disposing situation, clearly explains the difficulty of the cases in conflict and theoretical circles, extracting the reasons and meaning of this selected topic.The first part analyzes the concept, characteristics and cause of the cases, puts the cases into administrative in civil lawsuits and civil in administrative lawsuits two parts, putting out the particularities and difficulties of the resolving of the cases. This part is the beginning of the theory.The second part uses the handling experience of overseas as a source of reference in connection with difficulties, then declares current legislation and juridical legislation of our country. In the base of crossing correlation, the author puts the unadopted measures and sticking points in resolving the cases in our country.The third part puts emphasis on analyzing the three difficulties of dealing the cases:jurisdictional dispute, double complaint and facto force of administrative behavior. Then the author puts different solutions according to the characteristics of the two types of the cases.The fourth part discusses the trial models of two types of the cases, that is to say trial in combination or separation in theoretical circles. This article disapproves the method of cutting flush, puts different trial models and processing sequence in different types, in order to process powerful operability in dealing such complicated cases.The epilogue is the holistic summary of the whole article.