Research On The "Civil And Administrative Crossover" In Disputes Over Collective Land Expropriation

Collective land expropriation disputes often involve cross cases between civil and administrative dispute in judicial practice.Not only the number of these disputes are increased,but also the difficulty of solving them is increased.They have become the key points and difficult points in hearing cases and resolving conflicts for the court.This kind of cases cannot been well handled without clear procedures and substantive rules.It has important practical significance for the settlement of land disputes to solve this difficult problem.This paper aims to find out the problems and difficulties in dealing with such cases in the judicial practice by sorting out the manifestations and causes of cross cases between civil and administrative disputes in collective land expropriation disputes,summing up relevant laws,and summarizing and evaluating the treatment methods in dealing with such problems in the judicial practice on the basis of reading and researching related literature.We can learn from the relevant systems and practices overseas to solve cross cases between civil and administrative disputes,such as the centralized leadership system of the United Kingdom and the United States,the binary system of France and Germany,and party system in Japan.According to the above research,this paper proposes cross cases between civil and administrative disputes involved in collective land expropriation disputes can be applied to administrative adjudication hearing civil disputes mode,and establish procedures such as pre-litigation guidance,approval procedures,and referee enforcement for judicial practice under the principle of balancing justice and efficiency,supervising and respecting of administrative power in parallel,and fully respecting the parties’ right to appeal.