Reseach On Litigation Solutions Of The Administrative-civil Overlapping Case On The Premise Of Administrative Disputes

The development of the market economy and the transformation of the governmentfunctions have led to more and more intervention of the executive authority into the civilbehaviors, which results in a large number of administrative and civil overlapping cases. Tofacilitate the drafting, the administrative and civil overlapping case is calledadministrative-civil overlapping case for short. The administrative-civil overlapping casemeans that there is a causal relationship between two kinds of cases, or that though there is nocausal relationship between them, the legal facts which have caused the two disputes areinterrelated and influence each other. At present, the administrative-civil overlapping casesare generally divided into three categories in the academic researches, but only one, which isthe administrative-civil overlapping case on the premise of administrative disputes, is studiedfrom the perspective of exploring litigation solutions in this paper.The administrative-civil overlapping case on the premise of administrative disputesrefers to such a situation that the parties file a civil action, but it needs to confirm whether therelevant administrative acts are legally valid before resolving the civil disputes, i.e. thesettlement of the administrative disputes is the premise of judging the civil disputes. Inessence, exploring the litigation solutions of the administrative-civil overlapping case on thepremise of administrative disputes is to study the administrative disputes as the premise andthat how to judge. The research methods used in this paper are mainly the comparativeanalysis and logical analysis. First, it analyzes comparatively the domestic scholars’ variouscurrent views on this issue and the practices in extraterritorial countries with different legalsystems. Then, on this basis, it finds out some universal legal values in these theories andpractices by inductive analysis. Finally, it proposes a litigation-solving mode of such cases bybasing on our judicial practice and combining with the theoretical analysis.The first part of the paper overviews the object of study. It is necessary to have anunderstanding of the administrative-civil overlapping case on the premise of administrativedisputes itself before studying its litigation solutions. In this part, it makes the meaning andfeatures of such cases clear, and makes a detailed classification of its manifestations, whichare the basis for studying the litigation solutions of such cases later. The second part of the paper evaluates and analyzes the litigation-solving status of theadministrative-civil overlapping case on the premise of administrative disputes from thelegislative status and the theoretical status. The main methods reflected from the currentlegislation to resolve such cases are the step-by-step review mode, the mode of making therelated administrative acts directly as the base for decision and the mode of trying the civillitigation and the administrative acts concurrently. According to that whether the civil courtcan review the legality of specific administrative acts, this paper divides these ideas intopositive and negative opinions through summarizing the various academic perspectives atpresent, and the two opinions can be divided into five different solutions.The third part of the paper studies the solutions of such cases in extraterritorial countries.There are both differences and similarities in the solutions of the administrative-civiloverlapping case on the premise of administrative disputes between the countries with twoimportant legal systems. The civil law countries emphasis on the binding force of theadministrative acts and tend to let the administrative courts resolve the administrative disputes,while the common law countries emphasis on the autonomy of the judicial trial and more tendto let the courts make a judgment on the administrative acts. Meanwhile, the convergence inthe solutions of such cases in the countries with two important legal systems also reflectssome same values, such as that they both require to improve the effectiveness of theproceedings, pursue the substantive settlement of the cases, focus on coordinating therelations between the executive power and the judicial power and so on.The last part of the paper builds a litigation-solving mode of such cases. First, itsummarizes several major legal values in solving such cases based on the foregoing analysis.Then, on the basis of trade-off analysis on the relevant legal values, it proposes the relevantprinciples to follow in solving such cases and the relations needed to conduct well. Finally, itputs forward an idea of constructing a litigation-classified solving mode.