Research On The Rules For The Trial Of Civil And Administrative Cross-Case Studie

Socio-economic development makes the role of administrative power extend continuously,civil legal relations and administrative legal relations are closely intertwined,and there are more and more civil-administrative crossover cases.In order to solve such cases quickly and effectively,understanding the basic meaning,causes and types of civil-administrative crossover cases and mastering the essence of civil-administrative crossover cases are the prerequisites for effective handling of such cases.In the face of the increasing number of cases,China has been improving trial rules of civil-administrative crossover cases,so that judges can have the law to follow in the process of hearing cases and timely protect the legitimate rights and interests of the parties,but at this stage there are still problems such as the lack of a unified trial system,inadequate joint trial system,large discretionary power of judges and lack of articulation provisions.The inadequacy of the system level makes the practical operation of the dilemma faced with the arbitrary application of procedures,judges pass the buck to each other,which in turn leads to the rights and interests of the parties are not protected,confusion and disorder in the litigation process and other consequences.On the basis of adhering to the priority of basic disputes,the combination of the parties’ procedural choice and judicial power and the principle of judicial finality,specific suggestions are made for the problems of trial rules,and other auxiliary means are added to continuously enhance the applicability of trial rules in judicial practice,so that civil and administrative crossover cases can be properly handled.