Administrative Precedent In The Civil Action To Resolve

The Administrative Priority issues in the Civil Procedure is that Civil parties Raised objections to the legitimacy of specific administrative acts which is effective basis of civil act, At this point, the legitimacy judgement of specific administrative acts come to be the premise of Civil Trial going on. How to solve this problem, there are plight in the judicial practice and differences in theoretical study. The purpose of this paper is that draw on the methods available to resolve The Administrative Priority issues in the Civil Procedure.The first part, Author illustrate real being of the administrative priority issues in the Civil Procedure by a case, Further analysis The nature, characteristics and to resolve meaning of the administrative priority issues.PartⅡ,Author analysis the plight of Judicial practice and the differences of theoretical study , review and analysis of the relevant point of view. I believe that the reason of the plight of solution is that No in-depth grasp the different forms of the administrative priority issues. In order to clarify the different forms of the administrative priority issues, Part III ,The author analysis the cause of the administrative priority issues exist in the Civil Procedure, On the one hand, is the effectiveness of administrative acts ;On the other hand is intervention of public rights into private law relations. Because of the different purpose of intervention ,the depth of intervention are also different, lead to the administrative actions have different patterns.Author think that distinction of different Forms should be made between specific administrative act which is the priority issues of civil procedure, and the distination based on the analysis of different depth which executive power intervent to the civil legal relations. Author divided specific administrative act which legitimacy judgement is to be the priority issues of the civil procedure into two types: Form review administrative acts and substantive review administrative acts.The solution of the Administrative Priority issues: Civil courts have the jurisdiction of legitimacy judgement of Form review administrative acts in the civil proceedings; As substantive review administrative acts, This paper advocates established administrative Litigation attached civil procedure. Court should be end civil procedure, Party who controverse the legitimacy of specific administrative act institute an administrative lawsuit to the court which have the jurisdiction of specific administrative act,and at the same time , propose to solve civil disputes.