Cvil And Administrative Incidental Trial Pattern

There has been a growing number of civil and administrative overlapping cases as the administrative power is penetrating into the field of civil action, however legislation on current trail of such cases is still absent, resulting difficulty in justice, therefore new trial pattern is desiderated. As a new and efficient choice, civil and administrative incidental trial pattern is feasible in the legal environment of our country. This trial pattern represents beneficial principle on proceedings, and it is in accordance with the basic principle of designing proceedings. As the evidence of the main litigation, assistant litigation should be looked through comprehensively and impersonally in the main litigation trial process, the incidental trial is provided with logical feasibility. The main body of case judgment is the court, courtroom is only inner organization and its configuration is only formally, and it should not be the obstacle of the incidental trial; As the referee, the judges should possess corresponding abilities, and the incidental trial should not be affected by the quality of the judge's proficiency. In addition, civil and administrative incidental trial pattern is valuable on improving litigation efficiency, maintaining unity of the legal system, and protecting the client's legal rights comprehensively and timely. Moreover, civil and administrative incidental trial pattern has the basis of actual experience, there have been similar regulations in legislation currently in our country, also existing theory and practice in domestic criminal with civil litigation and abroad civil and administrative incidental trial pattern can provide a theoretical and empirical reference on our construction.Due to the extinct difference between administrative and civil proceedings in the concepts, principles, systems and procedures, there must be conflicts when they are trialed together, therefore a complete strict system need to be worked out on the basis of running-in and harmonization, making full and clear relief provisions on its start, run, monitor, relief et al.. In the design of system, conflict resolution need to address differences in administrative proceedings and civil litigation, so that two actions to achieve their return value, space and contradictions in order to reduce intersection; Client's right to choose should be fully respected so as to resolve conflicts; Meanwhile, details of two types of litigation should be matched mutually in order to achieve the smoothness of the system by individual modesty and resource conformity.by analysing overseas experience and considering domestic jurisprudence, two types of litigation are integrated, moreover a both strict and smooth pattern is schemed aiming at improving litigation efficiency, maintaining unity of the legal system, and protecting the client's legal rights comprehensively and timely.