2007Journal of Chongqing Technology and Business UniversityRequires access

Analysis of recognition and treatment mechanism of overlapping cases between civil and administrative disputes

DU Cheng-xiu

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Abstract

There are a lot of cases which overlap civil dispute and administrative dispute which should be litiga- ted by defining its litigation characteristics,choosing suitable law and using different litigation paths.The problem,in terms of the party,is very difficult.Initiating litigation procedure is the premise of distinguishing civil dispute from administrative dispute for a judging department.In the practice of litigation,a case always has many judgments,which not only waste the limited judicial resources of China but also increase litigation cost of the party.The reason for this is short of related lawful regulations.

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What this paper is about

There are a lot of cases which overlap civil dispute and administrative dispute which should be litiga- ted by defining its litigation characteristics,choosing suitable law and using different litigation paths.The problem,in terms of the party,is very difficult.Initiating litigation procedure is the premise of distinguishing civil dispute from administrative dispute for a judging department.In the practice of litigation,a case always has many judgments,which not only waste the limited judicial resources of China but also increase litigation cost of the party.The reason for this is short of related lawful regulations.

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Available abstract

There are a lot of cases which overlap civil dispute and administrative dispute which should be litiga- ted by defining its litigation characteristics,choosing suitable law and using different litigation paths.The problem,in terms of the party,is very difficult.Initiating litigation procedure is the premise of distinguishing civil dispute from administrative dispute for a judging department.In the practice of litigation,a case always has many judgments,which not only waste the limited judicial resources of China but also increase litigation cost of the party.The reason for this is short of related lawful regulations.

Key concepts: Premise, Civil litigation, Civil procedure, Dispute mechanism, Dispute board, Law, Business, Online dispute resolution

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