论我国民事与行政案件类型之界分

在现代社会,随着公法的私法化与私法的公法化,行政争议与民事争议的界分日趋模糊。判断某一争议是否为行政争议还是属民事争议,必须考量其主体因素、公权力因素、所适用的法律法规之实质规定以及公共利益等多种因素。在实践中,为更好地解决行政与民事审判权限冲突,必须构建一套与之相适应的权限争议解决机制,以确保法院民事与行政审判权的有效运作。

On Differentiation for Civil and Administrative Case Types and the Construction of Authority Dispute's Solution Mechanism in Our Country

In the modern society, according to the public law has the quality of private law and the private law is close to public law, the boundary of administrative dispute and civil dispute is increasingly become fuzzier. It is necessary to consider the subject factor, public power factor, applied provisions and regulations as well as public interests, etc. when judging whether a dispute is an administrative dispute or a civil one. In practice, in order to solve the conflict between administration and civil jurisdiction better, we must establish a set of solution mechanism of authority disputes applied to it, so as to ensure the effective operation of civil jurisdiction and administrative jurisdiction.