行政因素介入民事诉讼的程序性探析

民事、行政诉讼交叉案件,是在法律事实彼此相关联,在程序处理上交互影响或者互为前提的民事诉讼与行政诉讼案件。民行交叉案件种类繁多,这里主要研讨以民事争议为主、行政问题作为附带问题的案件和民事争议与行政争议并重案件的程序处理问题。尝试从赋予民事审判庭对相关行政行为一定的司法审查权的角度,借鉴日本当事人诉讼制度解决目前我国司法现状面临的诉讼瓶颈。

The Procedural Analysis of Administrative Factors Involved in Civil Procedure

In civil and administrative litigation mixed cases,the legal facts are associated with each other,the program processing is mutually interacted and depended. There are numerous types of this civil and administrative litigation mixed cases. This paper mainly discusses the solution to the cases in which civil litigation takes the first place during hearing process leaving administrative dispute as a collateral issue,and the cases in which administrative dispute is just as important as civil dispute during hearing process. Learning from Japanese litigation system,the bottleneck in current judicial proceedings in China is trying to be solved,by giving civil court for judicial certain amount of power of judicial review.