Disquisition Of Civil Administrative Litigation Attached To Administrative Litigation In China

For our country should establish the administrative incidentalcivil lawsuit system discussed there have been20years, at present,the academia has formed a basic conclusion by many scholars andpredecessors research and practice, in our country to build and applyadministrative incidental civil action is feasible and importantvalue, although there is no "the name of the administrativeincidental civil" positioning, but administrative and civil disputesin judicial practice along with all the trial has been widespread andproduced results. In this paper, based on this, how to establish theadministrative incidental civil lawsuit system in our country in this,from macroscopic to microcosmic, from system level to the specificprogram level, design the mode of administrative incidental civilimplementation framework in our country. Especially at the same time,this paper draw lessons from the abroad experience and practice ofcommon law countries, and China’s current administrative and civilcross cases handled the analogy, and combined with related litigationsystem in our country and the specific judicial practice, summed upthe more suitable for applicable administrative incidental civil modein our country.In the measures how to construct the administrative incidentalcivil lawsuit system of this aspect, this article adopted from big tosmall, from macroscopic to microcosmic thinking. First, by analyzingthe outside related experience, a hybrid system of collegial panel,the shi Ming power mechanism to try into the litigation system in ourcountry, and combining the concrete cases in our country, thefeasibility of and the supporting mechanism； Secondly define the applicable conditions and scope of the administrative incidentalcivil action, it is very important in the process of establishing andperfecting the system in our country, it can determine the life andstability of the administrative incidental civil action system in ourcountry；Finally，bulid the specific procedures of the implementationof administrative incidental civil lawsuit, Specific analysesfocused on According to our country existing programs, elaborate theproblems of the program, including prosecution, trial and execution,etc.This article is divided into five parts, the specific content isas follows：The first part is the basic theory of the administrativeincidental civil lawsuit. This part is the theoretical support of thewhole article, the theory analysis was carried out on theadministrative incidental civil lawsuit, includes three parts：Theinterpretation of meaning and characteristics of administrativeincidental civil lawsuit、administrative incidental civil action andcaused reasons and types、analysis of the administrative incidentalcivil lawsuit value function. Among them, analyzed the theories ofrelated basic concepts of administrative incidental civil lawsuit,and put forward their own point of view, as a later in our country,how to build such a system for bedding.The second part is about the present situation of theadministrative incidental civil lawsuit system and feasibility.Mainlyfor administrative incidental civil mode in China’s current situationand why want to establish this system in our country, the presentsituation on the first quarter, from two aspects of legislationpresent situation and the practice situation, the system oflegislation and judicial interpretation, on the basis of this systemare summarized in the relevant practice and the existing problems and difficulties in practice. The second quarter from legal basis、theoryand judicial practice， analysis the feasibility of administrativeincidental civil lawsuit in our country.The third part is reference of the administrative incidentalcivil lawsuit system and the introduction of related systems.First,the approach to two big legal system administration and civilcross dispute cases are introduced, because the one yuan refereesystem in Anglo-American law system is similar to the incidentallitigation of our country, so the typical representative countries,Britain and the United States has carried on the detailed discussion,on the two countries have a comparatively complete supportingmechanism and successful cases, and the differences of litigationsystem in our country, but in such aspects as relief efficiency andprotect rights and interests has prominent advantages. At the sametime introduce the mature system and mechanism to our country,theoretically analyses the feasibility and applicable prospect ofseveral mechanism in our country, in order to better play the role ofthe administrative incidental civil mode in our country.The fourth part introduced the application of our country’sadministrative incidental civil lawsuit. This section will makedetailed elaboration of the principles of our country, the applicableconditions and scope, if the administrative incidental civil modewant foot and exert its advantages in our country, must specify thequalifications and scope consistent with our judicial practice, notany administrative and civil cases of cross are applicableadministrative incidental civil action，only in compliance with theconditions and within the scope of the dispute in this particularregime applicable and will play a positive multiplier effect，So itis to build the administrative incidental civil lawsuit system is animportant link. The fifth part is the Coordination of Specific procedures for ourcountry to build the administrative incidental civil lawsuit. Thissection will make a more comprehensive introduction of theadministrative incidental civil lawsuit procedure in practice,including the prosecution accepted, proceedings, mediation andenforcement. the introduction of a new model will inevitably withpast administrative or civil conflict in application， The conflictmust be well coordinated and constantly improve and perfect inpractice， this chapter combines theory and relevant cases, design aspecific program, hope to help the administrative incidental civillawsuit legislation and practice in future.