民行交叉案件诉讼处理机制研究诉讼法学专业毕业论文.docxVIP

V V Abstract The real estate case in Jiaozuo has attracted people’s widely attention to the see also of civil and administrative since 1920’s. Although we have known something about the see also and its disposing mechandize recently, we feel confused in many fields. There are several symbolic viewpoints about the concept of the see also of civil and administrative in our nation, such as：the theory of relevance、the theory of incidental、the theory of cross and the theory of concurrence, these viewpoints cut both ways. The text proposes that the see also of civil and administrative is the case in that exists civil dispute and administrative dispute which have inner relevance and need settled at the same time, and the case originates from the same fact or behavior invading civil and administrative laws at the same time. The see also of civil and administrative has a series of characteristics on plural conflicts, jurisdical relation, subject of the right of action, the form of responsibility, which distinguishes from ordinary civil case and administrative case, and makes special requirements for its action disposing mechandize. In practice, disposition in advance 、 handling separately 、 supplementary civil （administrative）action in administrative（civil） proceedings are the main disposing modes about the see also. These modes have a lot of shortages, such as：the justice and authority have been shocked, the final decision has been damaged, quit a few see also have been excluded from judicial settlement, ineffectiveness and so on. Evidently, these modes aren’t fit for the special requirements of the see also, which leads to not only the litigants’ rights can not be pretected timely and enoughly, but also running counter to the construction of harmonious society. On the other hand, the see also of civil and administrative exists all over the world widely, the countries whether the centralized, dualism judicial system or the eclectic mode have formed mature disposing me