People Line Cross-case Trial Mode Selection

Civil and administrative overlapping case is the case that a litigant’s action or a legal fact causes both civil and administrative disputes, which are interrelated to each other in legal fact, prerequisite to each other in processing results. The legal framework of our country lacks clearly, completely provisions for these civil and administrative overlapping cases. Compared with the Criminal Procedure Law, the provisions about this kind of cases are so simple that devoid of maneuverability. The blank space of civil and administrative overlapping case has caused a lot of trouble in the judicial practice. Judges try these cases according to the factual situations and their personal experience. Conflict results as well as delayed actions are due to the ambiguous stipulation and practice.Because of its particularity and complexity, civil and administrative overlapping case has characteristics in value of litigation, principle of litigation and function of litigation. In the judicial practice currently, some judges handle the cases by combining civil procedure and administrative procedure together. This method has its advantages that it can ease litigants’ and courts’ burden, maintain consistency about the results of judgment. Meanwhile, this method can bring about balance between the value of fair and efficiency, and it also can help judges to make a proper judgment by weigh up all benefits. But it should be noted that we still need to formulate the particular institution and procedure by studying in theory and actual practice.