civil dispute cases in cross

Entity program intertwine trial results differ by a case and impose duties

Administrative, in judicial practice often happens, and because both entities and procedure of intertwine, make administrative, civil dispute case, called trial cross sphinx field "mystery".

According to information, the supreme people's court in zhejiang province court system spearheaded administrative incidental civil lawsuit experimental work. Recently, the reporter walks into trial of the first case about administrative had incidental civil lawsuit of ningbo yinzhou district people's court, visit how cracked administrative, civil dispute cross case "sphinx mystery".

Trial separately "extremely way" difficult "beautiful"

Living ningbo yinzhou district of a town LiuMou contributive 34 million yuan, with wang mou partnership built a villa. Because of the villa belongs to not build, villa built first batch, wang mou to resolve the life and the work need to apply to the government for land leasing in wang mou capture after changing use shall be agreed to sell land card and building droit card are registered in the name of wang mou.

2009 September, wang mou to 270 million RMB price secretly will sell this house property of others. LiuMou know the situation, to build houses belonging to joint venture, and real estate registration organ will house alone registered in wang mou name illegal filed on administrative proceedings, requirement cancel houses registration authority to wang mou issued building droit card.

With the civil dispute, housing dispute why administrative litigation? Yinzhou district court judge to tell a reporter, because pure through civil litigation have won't last long "snag", if a third party constitutes good faith acquisition of words, LiuMou only through civil litigation obviously can't return to house property, and through administrative litigation property register first, so that be revoked in good conditions for a dropped. Obviously, administrative litigation became party a "circuitous tactics", hence they generate administrative, civil dispute crossover problem. For this problem, what procedures for the manner and trial, the law does not explicitly provided. The executive, civil dispute trial separately, is that the court is the most commonly used review mode, because it conforms to the court internal administrative, civil trial division of powers Settings.