Superficial Discussion Of Civil Administrative Litigation Attached To Administrative Litigition

Lawsuit whether court according to law, hear the details of the case, stop the activity that is strive confusingly definitely in fact. The lawsuit system of our country is according to the legal person of the entity in order to divide into three major kinds: criminal suit, civil action and administrative litigation. These three kinds of lawsuit systems form the judicial system of our country. But social phenomenon numerous and complicated to lead to the fact dispute can go, turn into according to the system divided artificially while being complicated, the phenomenon that many disputes of different nature interweave has appeared in practice, it is very difficult for the law of single properties to solve it completely. Administrative supplementary civil action in criminal proceedings system to produce under such an environment, facilitate solving the particular case that the administrative dispute and civil dispute interweave. The system of administrative supplementary civil action in criminal proceedings is a special lawsuit system, mention in administrative litigation, it is a civil action in essence, the legal system of our country has not carried on clear regulation to it, but some courts have already adopted this system to try relevant cases in the judicial practice. Set up as to administrative supplementary civil action in criminal proceedings system, theory circle has dispute endlessly straight, support scholar that system set up this, concrete system design of system unable to decide which is right even to administrative supplementary civil action in criminal proceedings, understanding without unity of a series of problems of solving etc. of the intension, range, conflict with civil action of the administration. Plan to this this text in the analysis on relevant systems of foreign countries, draw lessons from relevant regulations of the system of criminal supplementary civil action in criminal proceedings, combine legal principle and reality to prove, propose the rationality and feasibility with civil action of the administration, and analyze the countermeasure of putting forward to the conflict on the system.This literary grace was fetched and studied interdisciplinarily, comparative analytic approach, the analytic approach of the real example has carried on the preliminary discussion to the system of administrative supplementary civil action in criminal proceedings. Firstly,have proved the rationality with system of civil action of the administration. Secondly, introduce the detailed one to the intension and the condition with civil action of the administration. Define the intension with civil action of the administration, establish the condition with civil action of the administration exhaustively, and has put forward my own view on the epitaxy with civil action of the administration i.e. range with civil action of administration. The last, to the development obstacle with civil action of the administration, have expounded the problems of law, system and idea existing in the system of administrative supplementary civil action in criminal proceedings, put forward corresponding countermeasure in order to being complete on the question of these.