Administrative Proceedings Subsidiary Study

Along with our country social economy rapid development, in social life contradiction and benefit conflict more and more many, these contradictory and conflicts inevitably reflected to the judicial domain, causes the case the complex difficult degree to enhance, prominent characteristic is civil, the administration and the criminal three big lawsuits mutually interweaves, how the case which mutually interweaves to these carries on tries, in the practice the procedure is chaotic, theoretically also has the dispute. This article from the administrative proceedings attached question angle, did to the related question has combed and proposed some suggestions, hoped had the help to the administrative trial theory and the practice.The entire paper mainly constitutes by four parts.First part of administrative proceedings attached question elementary theory. This part discussed two major problems. One is the lawsuit attached question. Two is the administrative proceedings attached question outline. In the lawsuit attached question mainly explained the lawsuit attached question produces the reason, and has carried on the classification to the lawsuit attached question. The administrative proceedings attached question outline partially introduced the western some country attached questions general pictures as well as our country situation, and has made the limits to our country administrative proceedings attached question concept.The subsidiary question concept of administrative litigation comes from France's administrative law, i.e. the judgement basis of a case, to another question, following the question form main target of lawsuit, content to determine judgement. Reason why the subsidiary question of administrative litigation produces, lie in the national executive power involvement, macro adjustments and controls and civil action, criminal suit and division of labour of administrative litigation to social economy and life. France,etc. continent law department national administrative litigation subsidiary issue have executive power and fraction property of judicial power, our country is the judicial single track system country, there are no fraction properties, just technology and operating the question of the aspect in the subsidiary question.The subsidiary question of administrative litigation is divided into and attached to the...