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The Choice of Hadling Mode for Administrative-civil Overlapping Case

Author: LuMin
Tutor: ZengXiangRui
School: Liaoning University
Course: Constitutional and Administrative Law
Keywords: Administrative civil cross case Processing options Double attached lawsuit
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 102
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Abstract


Cases of administrative civil cross is a thorny problems to be solved in the real life, China is currently no legislation and judicial interpretation and judicial practice of such cross cases the lack of operating basis, resulting many conflicting judgments circulation litigation, even the the case born eight sentenced phenomenon, has seriously affected China's civil trial and administrative adjudication order and effect. The paper argues that the intersection of administrative civil case arises the inevitable product of social progress, the reason why such cases are difficult to resolve, mainly because our original litigation mechanism can not cope with new social problems. Academics on how to deal with the cases of administrative civil cross the main focus of controversy is whether you can take joinder, this view of the thesis is: should apply not only to joinder should be fully merged, in order to enable the court practice unified to ensure the consistency of the decisions of the Court , civil rights can be fully protected. Papers from the proceedings effectiveness principles and judicial authority demonstrated the necessity of existence of the double incidental litigation system, the use of comparative analysis of the methods discussed to establish the feasibility of dual incidental litigation system, Civil Procedure Law and the Administrative Procedure Law, the academic world and in view of the processing dispute on the basis of the case, draw on law, ethics, and Japan's mature theory and successful experience, the program running dual incidental litigation system presented their ideas, which concluded: double incidental litigation system for the settlement of administrative civil cross The case is an ideal way. The thesis is divided into four parts and comes with dual focus on the administrative civil litigation system specifically designed. Court of the first part of the redefinition of the connotation of the administrative civil cross case analysis of its causes and administrative civil cross case processing mode semantics and type, and thus clear the paper's research object; second part summarizes France, Germany, Japan Features dual-track process way to trial treatment and parties to litigation approach, combined with the actual situation in China to learn from these factors is conducive to resolving the the crossover cases of China's administrative civil; The third part analyzes to establish the necessity and feasibility of double incidental litigation mechanism; Part IV litigation system with the administrative civil dual design. First established the principles of justice, the principle of uniformity of law, litigation-effective dual comes with the basic principles of the litigation system, defined on the basis of the concept of dual fringe litigation, clear double incidental to litigation Scope and Interpretation Obligation from the judges, litigation jurisdiction to prosecute, the burden of proof, the statute of limitations, the trial organization, trial period, appeal and execution of nine program begin its way to solve the problem of convergence in the merger of the administrative proceedings and civil proceedings applicable.

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