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Explore The Intersection Between The Executive And Civil Cases Handled

Posted on:2015-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:T W ZhaoFull Text:PDF
GTID:2296330467965796Subject:Law
Abstract/Summary:PDF Full Text Request
Both between administrative proceedings and civil proceedings closely linked, there are significant differences. In judicial practice, the current administration and civil cross clear upward trend in the number of cases, hearing about how such cases should follow the principles of how the existing legislation is not perfect. Explore the theory, judicial practice operations are also different. Misleading situation when the parties have occurred in the trial, the parties to the court due to a misunderstanding, or do not trust the judge, is not conducive to establishing the legal authority of the court. In this paper, research on this issue, on the basis of the concept of Civil Cases, features and types of analysis lines, combining theoretical research and practice their profession in the practice, compared to reference extraterritorial experience, people cross the line made perfect case of trial mode thoughts and ideas.This paper is divided into the background, text chapters and conclusion. Background from a confused party, trial practice and theorists encountered start to clarify the meaning of people cross the line of cases in the judicial practice has become a major problem, leads to the topic of this article and research reasons. The first chapter analyzes the concept of people cross the line of cases, characteristics and causes, and different people come to cross the line of cases were classified according to the type and the different types of administrative acts of administrative acts the role of civil disputes, is the full text of the theoretical starting point. The second chapter states the status quo of China’s legislature, an overview of our current theory and practice in disagreement about the people cross the line model case proceedings, and its brief assessment, and then draw against the existence of the problem of analyzing the extraterritorial processing experience. Chapters Ⅲ and Ⅳ is the key, put forward ideas and vision to build the people cross the line to hear the case on the basis of this article during the preceding discussion, the paper in favor of a broad-brush approach, but according to the different types of cases are given different trial mode, supplemented taken filing guide and strengthen management and other measures to improve trial periods, in order to cope with divergent when people cross the line and more complex cases more operational and practical. Conclusion is a summary of the article as a whole.
Keywords/Search Tags:the cross of the administrative and the civil law, the main types, litigationmechanism
PDF Full Text Request
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