The Processing Method For Administrative And Civil Overlapping Case

The cross between civil and administrative cases is an intersection of the various problems, involving a number of key issues of administrative law and administrative litigation system. The cross of administrative and civil cases is the problem which the continental law countries generally faced, is the practical problems our judicial practice often encountered, is an important topic of high content theory knowledge and huge theoretical capacity, and is also the frontier problem which caused overburden of the litigants and needs to be solved soon. At present, the main focus of controversy in theoretical on how to deal with cross between civil and administrative cases is a processing method for trial, or apply different methods according to different types of cases. This view is:the single disposal method is not feasible; the basic litigation absorption related litigation this flexibility approach can adapt to the changing social environment, and to achieve better protection of the rights and interests of the litigants. So, the author made a series of discussions.In addition to the introduction and conclusion, the main text altogether has four parts.The first part is the overview of the handling mode of the cross of administrative and civil cases. This part starts from the theory analysis of the cross of administrative and civil cases, by defining the concept, types; analysis of the causes of these three aspects can clear what the problem of administrative and civil cases is. On this basis, the author derived the main types of processing method of the cross of administrative and civil cases, so as to determine the research object of this paper.The second part is the foreign experience and reference of the handling mode of the cross of the administrative and civil cases. Research on the overlapping case is the common task of the whole world, the non-maturity of existing theoretical results in our country have forced us to learn the foreign experience in major countries and regions for reference for our country. This part is mainly introduced the processing method of three representing countries in France, Germany and Japan, and to make the analysis of the advantages and disadvantages.The third part is the overview of the processing method in domestic cross cases between the administrative and civil. In this part, from the point of view of the legislation, and judicial practice comprehensively elaborated the difficulties our country faced in the cross cases, progress and improvements we need to achive.The fourth part is about the ideal option of the basic litigation absorption related litigation. This part is the key part of the full text. In the above statement for theoretical analysis and situation discussion, the paper finally put forward a reasonable solution.