行政附帶民事訴訟關(guān)聯(lián)性研究.pdf

1、碩 士 學(xué) 位 論 文 行政附帶民事訴訟關(guān)聯(lián)性研究 行政附帶民事訴訟關(guān)聯(lián)性研究 The Research of the Relevancy of Administrative Incidental Civil Litigation 作 者 姓 名： 陳興萍 指 導(dǎo) 教 師： 鄧 蔚 西 南 政 法 大 學(xué) Southwest University of Poli

2、tical Science and Law 1 Abstract In practice, a lot of civil and administrative dispute cases are in urgent need of administrative incidental civil litigation system to play a role, but the real practice shows that diffe

3、rent people in the theoretical circles and judicial practice circles to this problem has different views. Therefore, perfecting the administrative incidental civil litigation system has become an important subject. In th

4、e course of perfecting administrative incidental civil litigation system, the relevancy as the essential feature of the system is especially highlighted as for its important theory value and practical value. At present,

5、the views of the relevancy of administrative incidental civil litigation which come from the academic circles cannot clearly tell “the relevancy“ between the administrative dispute and civil dispute, this fuzzy attitude

6、on theoretical research brings about increasingly adverse effects to the judicial credibility. In this context, it is necessary to restructure the relevancy of administrative incidental civil litigation. In the full stud

7、y on the limiting factors of the relevancy of administrative incidental civil litigation, referring to litigation efficiency, substantive dispute resolution, the power restriction and supervision and China's judicial

8、 system, combined with the legal practice of Chinese law, there puts forward a view that the relevancy of administrative incidental civil litigation means that reviewing the object of administrative litigation in the pro

9、cess of administrative proceedings should contain substantive reviewing of the object of civil litigation. In addition, the author believes that the plaintiff in the administrative litigation should be the plaintiff or t

10、he antitrust claims in the civil litigation. And further through the typical cases for explanation, in order to enrich the theory of law, beneficial to the judicial practice. Key words： administrative incidental civil l