行政附带民事诉讼必要性质疑

行政附带民事诉讼在理论提出的同时,其司法实践的尝试却遇到诸如管辖、法庭调查、举证、辩论、裁判等方面的困难;对产生行政附带民事诉讼的行政机关裁决民事争议制度,立法在减少相关规定,行政机关在放弃这类职权;反观其理论本身就具有缺陷,未考虑行政附带民事诉讼与刑事附带民事诉讼的差异而进行简单的借鉴,导致诉讼过程中参与各方利益关系失衡.行政附带民事诉讼实无存在之必要.

Questioning the Necessarity of Administrative with Civil Action

When the theory of administrative with civil action was raised, its judicial and praction attempts faced up to some difficulties such as jurisdiction, court investigation giving evidence, argument, etc. The legislation of the systems that administrative organs should adjudge the administrative with civil action,has been reduced.And administrative organs intend to give up the adjudgment rights. On the other hand, the theory itself has defects. The theory has been simply used for reference without considering the difference between criminal with civil action and administrative with civil action, with the result that the interests of each participants are out of blance during the proceedings. It is no necessarily for administrative with civil action toexist.