文档介绍:民事争议与行政争议关联案件审理机制研究
Abstract
Legal source of life and reflect the life. Along with the executive power
rated into all spheres of life of the civil society, people line interwoven cases is
booming. The same administrative behavior may lead to two distinct attributes of
controversy, or civil disputes settlement will lead to an administrative action has yet
been made the legal relationship reassortment in this process. Civil disputes
administrative the dispute mutually trial premise to deal with the surge of the
reciprocal causation cases on the results, and properly deal with people interleaving
case trial problems. Compared to the extraterritorial practice summary, Civil
interleaving localization characteristics of the trial of the case, the logical starting
point is that the Court's own discretion and administrative disputes and civil disputes
mutually binding problem.
This article introduction thrown the full text of the topic civil dispute with
associated cases of administrative dispute handling mechanism and simple sort of
research results at home and abroad to study the plight and Solutions, pointed out the
practical significance of the research topics.
The first part describes the causes of people related cases, reality based on
private law the dualistic tradition has long been public and private law and public law,
private law, public law, executive power expansion while also a means to soften
administrative disputes mutual ration and civil disputes, and discuss the people
related cases exist space and causes based on bination of administrative action
classification.
The second part of our country and extraterritorial treat people related cases
hearing attitude, our experience with the the joinder possibility owned by civil,
administrative normalized by the civil administration and people line associated cases
transformation. Throughout extraterritorial, three processing modes can learn from the
first p