Research On The Item Whether And How Administrative Litigation Can Refer To Civil Litigation

Having finished revising Civil Procedure Law and Criminal Procedure Law, it’s time to revise Administrative Procedure Law. When Administrative Procedure Law began to draft, it was greatly influenced by Civil Procedure Law. According to Administrative Procedure Law, we can regard Civil Procedure Law as a reference. As one of three procedural laws, it’s necessary for Administrative Procedure Law to remain relative independence. So it’s urgent to make clear the relations between Civil Procedure Law and Administrative Procedure Law, to clarify the reasons, conditions, scope, mode etc when Administrative Procedure Law refers to Civil Procedure Law. This essay is about the above content. In the end, there’s some advice to revise Administrative Procedure Law.There are some patterns in foreign countries or districts. In France, administrative procedure and civil procedure applies to different laws. Only in some respects, they have connections. In German, Japan and Taiwan, administrative procedure applies to Administrative Procedure Law. In this law, it clearly defines which article can be applied in Civil Procedure Law. In the Anglo American law system, administrative procedure applied to Civil Procedure Law in the beginning. Just because the development of society, special provisions are successively issued. The above practice shows that Administrative Procedure Law can refer to Civil Procedure Law. Theoretically, administrative procedure and civil procedure have the same lawsuit structure with the opposite party and the trial neutralization. As the mother of litigation, Civil Procedure Law has a long history with mature system. It’s unwise and inefficient to abandon it.Some conditions should be followed when Administrative Procedure Law refers to Civil Procedure Law. We shouldn’t violate the nature and purpose of Administrative Procedure Law. Because of its unique nature and purpose, Administrative Procedure Law can’t refer to Civil Procedure Law blindly. The scope of the reference is limited: provisions concerning proceedings and common theory in Civil Procedure Law are certainly applied; the provisions in Administrative Procedure Law can be supplied by Civil Procedure Law; systems which don’t exist in Administrative Procedure Law can refer to Civil Procedure Law. The part that can refer to Civil Procedure Law, can be applied directly or by analogyThe social circumstance of Administrative Procedure Law has changed greatly. But it also depends on Civil Procedure Law seriously. So we should defend the relatively independent status of Administrative Procedure Law in this time.The first part in this essay is about the history that Administrative Procedure Law refers to Civil Procedure Law. The second one is about the reason of it in theory and practice. The third one is about the conditions of it. The fourth one explains the scope and ways. In the end, this essay looks ahead the direction of development at home and abroad.