试论建立和完善行民平行诉讼制度

To Establish and Improve Administrative and Civil Procedure in Parallel

在我国司法实践中,经常出现民事争议与行政争议相互交叉重叠的案件,如何审理尚无明确具体的规定,各地法院的做法不统一,理论界对此争论不休。行政附带民事诉讼制度、民事附带行政诉讼制度、当事人诉讼制度和直接移送审查制度都有其局限性,惟建立和完善行民平行诉讼制度才能解决好此类案件。

The case with overlap of administrative and civil dispute occurs frequently in judicial practice.But there are not clear specific stipulations for how to handle its trial,which leads to inconsistency in judicial practice and argument in theory circle.There exist limitations in civil litigation attached to administrative litigation,civil lawsuit accompanied by administrative appeal,client suit system and direct conveyance inspection system,and only if establishing and improving administrative and civil procedure in parallel could solve it.