行政与民事交叉案件处理之研究

发布时间：2019-03-30 14:35

【摘要】：行政诉讼与民事诉讼之间既有密切的联系,又有显著的区别。在审判实践中,目前行政与民事交叉案件数量呈明显上升趋势,对于该类案件如何审理、应遵循怎样的处理原则,现行立法规定尚不完善。理论上的探讨、司法实践中的操作也各有不同。在审理中误导当事人的情况时有发生,引起当事人对法院、法官的误解或不信任,也不利于树立法律、法院的权威。本文针对此问题进行研究,在分析行民交叉案件概念、特征和类型的基础上,结合本国理论界的研究和实践中的做法,对比借鉴域外经验,提出了完善我国行民交叉案件审理模式的思路和构想。本文共分为研究背景、正文四章和结语。研究背景从当事人、审判实务界和理论界遇到的困惑入手,阐明了行民交叉案件已成为司法实践中的一大难题,引出本文选题的理由与研究的意义。第一章分析了行民交叉案件的概念、特征与成因,并根据行政行为的种类和不同行政行为对民事争议所起的作用不同来对行民交叉案件进行了类型划分,是全文的理论起点。第二章陈述了我国的立法现状,概括介绍了我国目前理论界和实践中关于行民交叉案件审理模式的分歧,并对其进行了简要评析,然后针对我国存在的难题借鉴分析了域外的处理经验。第三章和第四章是重点,本文在进行前述论述的基础上提出了构建审理行民交叉案件的思路和构想,本文不赞成一刀切的做法,而是根据案件类型的不同给出了不同的审理模式,同时辅以采取立案导引和加强审限管理等完善措施,以求在应对纷多繁杂的行民交叉案件时更具有操作性和实用性。结语则是对本文的整体总结。
[Abstract]:There is not only a close connection between administrative litigation and civil action, but also a significant difference. In the trial practice, the number of administrative and civil cross-cases is obviously increasing. The current legislation is not perfect as to how to deal with such cases and what principles should be followed to deal with them. Theoretically, the operation in judicial practice is different. Mislead the parties in the trial often occurs, causing the parties to the court, the judge's misunderstanding or mistrust, also is not conducive to the establishment of the law, the authority of the court. On the basis of analyzing the concept, characteristics and types of cross-border cases, and combining with the research and practice of domestic theoretical circles, this paper compares and draws lessons from the experience outside the territory. This paper puts forward the ideas and ideas of perfecting the trial mode of cross-border cases between people and people in our country. This article is divided into the research background, the text four chapters and the conclusion. The research background starts with the confusion encountered by the litigants, judicial practitioners and theorists, clarifies that the cross-case between people and people has become a major problem in judicial practice, and leads to the reasons for choosing this topic and the significance of the study. The first chapter analyzes the concept, characteristics and causes of cross-disciplinary cases, and divides the types of cross-cases according to the types of administrative acts and the different roles of different administrative acts on civil disputes, which is the theoretical starting point of the full text. The second chapter states the current situation of legislation in our country, summarizes the differences between the theory circle and the practice on the trial mode of cross-border cases, and makes a brief analysis of it. Then according to the problems existing in our country, the experience of dealing with the problems outside the domain is analyzed. The third and fourth chapters are the focal points. On the basis of the above-mentioned discussion, this paper puts forward the ideas and ideas of constructing the trial of cross-cutting cases between the people and the people, and this article does not agree with the one-size-fits-all approach. However, according to the different types of cases, different trial modes are given, and at the same time, some perfect measures are adopted, such as guiding the filing of cases and strengthening the management of trial limits, in order to be more operational and practical in dealing with the numerous and complicated cases between people and people. The conclusion is the overall summary of this article.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.3;D925.1

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