On Administrative Incidental To The Concept And Scope Of The Civil Litigation

Civil litigation attached to administrative litigation (abbreviated to CLAAL) is a mechanisms established to settle some forked cases between administrative conflicts and civil disputes. But CLAAL is a civil one in essence among the so ~ called three litigations systems in China. The special characteristics of CLAAL that CLAAL is indicted and proceeded in administrative litigation give rise to disparities on understanding of CLAAL. This thesis composed of four parts analyzes CLAAL,especially focusing on the coverage relevant to CLAAL.Part one makes an analysis on the definition of CLAAL. The premise that CLAAL can exist and should be applied is explored on the basis of factual phenomena. The author defines CLAAL after investigating different points on concepts of CLAAL.Part two points at some views which refers the litigation of administrative decision as the major coverage of CLAAL,and interprets the reason why the litigation of administrative decision is administrative decision through the context of CLAAL means particular administrative agencies can settle particular civil disputes according to particular laws and statutes.Part three is closely related to the former two parts, remedies the inherent defects brought about by the way referring the litigation of administrative decision as CLAAL. The remedy is realized through expanding the application of judiciary change. Judges can correct administrative decision in the litigation of administrative decision according to author' s assumptive expanded judiciary change. Different situations when judicia-ry change is applied during litigation of administrative decision according to author' s assumptive expanded judiciary change. Different situations when judiciary change is applied during litigation of administrative decision is looked into deeply.Part four based on part one to part three introduces some primary principles that should be obeyed in deciding the coverage of CLAAL. Finally author's own view on CLAAL'S coverage is put forward after detailed explanation of divergent opinions on the coverage of CLAAL.