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On the coordination of relations between administrative proceedings and civil proceedings

Author: ChenLei
Tutor: GaoJiaWei
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative, civil cross case Litigation relationship Public and private relations Trial mode Dispute Resolution
CLC: D925.3
Type: Master's thesis
Year: 2010
Downloads: 274
Quote: 0
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Abstract

Large numbers of administrative, civil cross cases , led to offset administrative proceedings and civil proceedings relationships. This is a variety of relationship conflict and contradiction caused by pooling of multiple systems , and behind the concerned issues need to be explored very much. Based on the analysis of a typical case of \and in fact, the reason the body on law , procedural law and the reasons for reasons of the court system are discussed . Thus proposed to harmonize the relationship between administrative proceedings and civil actions , update action litigation purposes and principles , and the nature of administrative acts as a standard, to be updated administrative, civil Cross Cases mode . In this paper, the following text is divided into five parts : Introduction , \is the direct cause large numbers of administrative proceedings and civil proceedings dysfunctional relationship , and discusses the nature of administrative acts as a standard to divide administrative, civil cases of cross- category . Meanwhile, the reasons put forward substantive law administrative, civil cross cases , their rights, and coordinating administrative litigation and administrative proceedings and civil proceedings in a civil action of these three problems. The first chapter , \Furthermore this chapter analyzes the administrative proceedings and litigation purposes and principles of the civil action in the nature of litigation and other aspects of the existence of a conflict , and noted that the nature of the conflict between the two aspects of the conflict stems from public and private rights and public interests and private interests. Meanwhile, the chapter also describes the relationship between disorders of administrative proceedings and civil proceedings not only the cost of litigation and administrative organs of the party greatly increased, and the judicial authority of the court to produce great damage. The second chapter , \The level of substantive law in modern society , the continuous expansion of executive power has become an irreversible trend , private rights are constantly enriched and developed between public and private rights in many areas of memory in the conflict. At the same time , we can not relax the regulation of executive power , the realization of the right to supervise and control the administrative jurisdiction through , which doomed the entire power structure of the two battles is difficult to avoid . In procedural level, due to the administrative hearing proceedings and civil proceedings are administrative legal relations in civil legal relations hear there is a big difference , which determines both inevitable and there are also differences in the program . However, with the further development of the theory of administrative law , the boundaries of public and private law and not so obvious , at this time , if not a good response to the development of procedural substantive law , must make a parallel administrative proceedings and civil proceedings only and can not practice. Meanwhile , the lack of res judicata between the various results of litigation , but also makes the contradictions between them . In the court system level, due to the country about the division of authority between the judicial organization not clear enough, but also a lack of coordination between the courts and administrative proceedings that may result in civil litigation system run levels of conflict . The third chapter , \ideas. \discussion on the convergence of civil litigation procedures for resolving the current imbalance of administrative proceedings and civil proceedings in the program have an important impact . Chapter 4, \holistic and systematic thinking, efforts to construct the system of dispute settlement proceedings . So that the administrative proceedings and civil proceedings and the gradual integration of the procedural purposes. In addition, advocates play a role in judicial activism , expanding the scope of administrative litigation and the reasonableness of the application of the principle , the realization of the new administration , civil cases may arise cross processing . Meanwhile, based on the behavior of the executive and administrative empowerment distinction is indeed the right behavior , and the parties filed a lawsuit in the order of administrative, civil cases heard crossover model some ideas , including patterns and has tried separately with joinder mode and made some design its scope and procedures.

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