行政诉讼与民事诉讼之间既有明显的区别,又有紧密的联系。实践中存在诸多行政与民事交叉案件,目前对此类案件如何处理立法上没有明确规定,理论上的探讨以及司法实践中的操作也各有不同。司法权威的树立、当事人合法权益的保障亟待建立完善的行民交叉案件处理机制。而实践中民事争议与行政争议交叉案件的情形相当复杂,不能用“一刀切”的方法简单化处理。 There is not only obvious difference but also close connection between administrative lawsuit and civil lawsuit. There are many cases of administrative and civil cross in practice. At present, there are no explicit stipulations on how to deal with such cases in legislation, and theoretical discussions and operations in judicial practice are also different. The establishment of judicial authority and the protection of the legitimate rights and interests of the parties urgently require the establishment of a sound cross-case handling mechanism. In practice, the cases of cross-cutting civil disputes and administrative disputes are rather complex and can not be simplified by the “one size fits all” approach.