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行政诉讼不应附带民事诉讼翟晓红吕利秋行政诉讼法颁布实施以来,行政诉讼附带民事诉讼似乎已成为定论,学者对行政附带民事诉讼的特征、条件等多有涉及。本文通过对行政诉讼及附带诉讼的特点进行研究,认为在行政诉讼中不存在附带民事诉讼的条件,且即使一定要在行政诉讼...
Administrative Litigation Should Not Come with Civil Litigation ZHAI Xiao-hong LÜ Li-qiu Since the promulgation and implementation of the Administrative Procedure Law, it seems that the civil litigation attached to administrative litigation has become the final conclusion. Scholars are concerned with the characteristics and conditions of administrative incidental civil litigation. Through the study of the characteristics of administrative litigation and incidental litigation, this paper argues that there is no condition of incidental civil litigation in administrative litigation, and even if it must be in administrative litigation ...