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The Trial Model of Cases Involve Civil and Administrative Disputes

Author: HuangShaoHong
Tutor: LiuLianTai
School: Xiamen University
Course: Legal
Keywords: Cross cases Be tried separately Joinder
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 368
Quote: 1
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Abstract


The first part of this article by \The second part is the investigation of civil and administrative cases of cross- trial mode , including both domestic and other countries . According to the existing legislation and judicial interpretation , the country does not exist a hearing of the trial of the civil and administrative cases of cross mode . Through the research of scholars , China 's judicial practice, the most commonly used separate trial mode, the upcoming civil litigation and administrative proceedings be heard , because of how the two programs have detailed provisions , so that the model has a legal basis advantages. But this mode still has its shortcomings and problems , such as people or ancestors underwent after the first has not been conclusive , cases are often long delay period , the parties v. tired heavy ; contradictions judgment , undermine judicial authority more serious the problem . Through our theoretical - Administrative Incidental Civil Action , not competent to hear civil disputes based cross cases , but also has other details , and therefore flawed . Followed by visits to other countries and regions settlement mechanism , I found that the Chinese court system determined by the characteristics of China can only choose a suitable way . The third part is the building of China 's civil and administrative cases of cross- trial mode . Through the foregoing summary and thinking that the Construction of civil and administrative cases of cross- trial mode there are two key points : the program to build the plight ; separation of theory and practice . The key point , I believe that the program selection and theory building should be read in conjunction with our reality , so China should joinder in the case to resolve the plight of the premise of this model to solve the cross cases of administrative and civil disputes .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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