行政附带民事诉讼几个问题的思考

行政附带民事诉讼在法学界一直存在争议,一部分学者认为我国现行法对附带的民事诉讼范围界定过宽,也有部分学者对行政诉讼可以附带民事诉讼表示质疑。从诉讼效益和更好地保障当事人权益角度考量,行政诉讼中必要时附带民事诉讼具有其合理性,问题关键在于对附带的民事诉讼的范围要作出合理界定,只有这样才能更好地发挥行政附带民事诉讼制度的效用。

Administrative Litigation with Incidental Civil Action

Administrative litigation with incidental civil action has always been controversial in the field of law ever since the Administrative Litigation Law was enacted. Some scholars argue that the demarcation of incidental civil action is too wide, and some others even doubt whether the administrative litigation with a incidental civil action is necessary. From the angle to safeguard the lawsuit benefit and the rights of the party interested, it is reasonable to a certain extent that the administrative litigation with a incidental civil action in necessary, but the ket to it is, of course, how to demarcate correctly the incidental civil action. Only in this way, can a better efficiency be brought about.