广州民商律师：李大伟律师团队，电话/微信: 13533555552,02038870111转524。执业领域:境内外民商争议解决,尤其对疑难复杂商事、金融、房地产、国际贸易、合同争议诉讼仲裁，具有丰富经验和独到... 详细>>
The system of joint adjudication of related disputes
Administrative disputes and civil disputes intermingling with each other is a common occurrence in justice. In the past, administrative and civil disputes were separately managed, which caused mutual prevarication or wrangle, even mutual contradiction and negation. Superficially, administrative actions were heard, but disputes often failed to be solved practically. The new Administrative Procedure Law added terms and conditions on concurrent trial of related civil disputes, which not only brought convenience for principal claim but also for substantive dispute solving. In this regard, the Explanation for Administrative Procedure Law 2018 further clarified the concurrent trial of related civil disputes with respect to the requirements of prosecution, scope of accepting cases, case filing procedure, jurisdictional system, judgment mode, and procedure for trial supervision; and established judge rules for the concurrent trial of administrative and civil actions. These measures ensured the concurrent resolving of administrative and civil disputes. In this paper, the study aims to reflect the requirements of the new Administrative Procedure Law and its applicable explanations, ensure the implementation of, and promote the perfect development of concurrent trial system of related civil disputes, making it not only convenient for people's court hearing but also for principal claim. Furthermore, it should be used as a new administrative litigation system with Chinese characteristics to promote the development and innovation of China's administrative litigation system.
This paper consists of four chapters and uses research methods such as analytical, empirical, and historical and value methods for sequential discussion.
Interpretation of the concurrent trial system of related civil disputes lies in Chapter I, in which the academic achievements in recent years are summarized in terms of concept representation, cause of formation, types, values and its establishment and perfection. Based on these relevant academic papers, detailed original academic advice is presented through dialectically absorbing and utilizing well-received theoretical viewpoints and theories. Chapter I lays a theoretical foundation for the other chapters.
Relevant foreign legal systems are studied in Chapter II. In this regard, the parallel comparison method is adopted to research the processing ways for administrative and civil interlaced disputes in UK, the United States, Germany, France, Japan and Taiwan. By seeking similarities, summarizing successful experiences and criticizing maladies in those national systems, the paper provides research materials and valuable references for studies on the establishment and improvement of concurrent trial system of related civil disputes in China.
Chapter III discusses the basic principles of concurrent trial system of related civil disputes. In this paper, these basic principles are reduced to three: full review principle, litigant rights principle, and equal administrative and civil disputes principle, which is the main point of this article and provides guiding principle for the perfection of concurrent trial system of related civil disputes discussed below. According to this principle, the paper gives some independent-minded academic opinions.
In Chapter IV, the completion of concurrent trial system of related civil disputes is discussed and some legislative proposals are presented. In terms of the accepting cases scope and judgment standards, conflict and coordination of jurisdiction, and system of trail and execution, independent-minded academic opinions are provided and relevant theoretical basis is detailed, which provides a reference to the revision of the Administrative Litigation Law and the improvement of concurrent trial system of related civil disputes system.
KEY WORDS: Administrative Disputes, Related Civil Disputes, Administrative and Civil Interlaced Disputes, Concurrent Trial System