Reseach Of The Related Problem On Administrative Litigation And Criminal Proeeeding

Administrative litigation and criminal proceedings are two separate forms. In our present judicial system, disputes with different nature are put to trial applying different rules by different divisions within the same court, which would give rise to relation between administrative proceedings and criminal proceedings and may lead to conflict on the result of the proceedings. This situation is called administrative proceedings and criminal proceedings related problems. In our country, the lack of current law provisions about the related problem on administrative litigation and criminal proceedings, accordingly the judicial practices to this issue are relatively confusing, resulting in a large variety of conflicts on the trial outcome. The related problem on administrative proceedings and criminal proceedings Represent not only association with the conflict, but also on the performance of a non-confrontational association, its causes include legal, institutional and other reasons. Based on the guide of human rights, procedural justice and litigation efficiency theory ,the reference of relevant practice in Germany, France, Japan and Taiwan of China, and the consideration of relevant theory put forward by our academia, the resolve of the related problem on administrative proceedings and criminal proceedings should adhere to the "trial prerequisite" and "parallel" principle, principle of integration between prevention and relief, the principle of harmonization and unity and efficiency principles, and adopt different solutions respectively according to the different body cause the related problem in order to avoid legal conflicts, improve the efficiency of the proceedings, and maintain the normal legal order and social stability.