论行政附带民事诉讼的边界

On the Boundaries of Administrative Suit Attached with Civil Suit

行政附带民事诉讼在一并消解相关行政争议与民事争议中优势显著,碍于其受案范围久未确定,在实践中对实质性化解争议的成效造成影响。基于对重庆市试点行政附带民事诉讼审判实例的考察,通过对划定行政附带民事诉讼受案范围具体标准的分析,以逻辑性为重点、客观性为辅助,系统地论证了行政诉讼附带的关联性,明确了其受案范围的边界,以期为实践提供有效指引,辅助构建高效完善的行政附带民事诉讼制度。

Administrative suit attached with civil suit in conjuncti on with civil disputes related to administrative disputes in a significant advantage. Because of their long-lost determined by the scope of the case, it rise the effectiveness of the substantive impact of resolving disputes In practice. Based on the cases of dministrative suit attached with civil suit of Ghongqing, by analyzing the delineation of administrative suit attached with civil suit＇s range of specific criteria, To focus on the logic,make objectivity as a secondary, systematically demonstrate the relevance of administrative proceedings incidental, defined the boundaries of its case range in order to provide effective guidance for practice and auxiliary build efficient systems to improve administrative suit attached with civil suit action.