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行政诉讼与民事诉讼是两类不同性质的诉讼。从诉讼客体、诉讼目的、诉讼主体、受案范围等方面静态地看,二者本不应存在交叉问题。但在司法实务中两大诉讼经常相互交织,且在审判实践中成为令法官棘手的难题。本文就民、行交叉案件的表现形式、形成因素,以及民、行交叉案件的影响、民事诉讼与行政诉讼交叉问题的解决方法,妥善处理民、行交叉案件的重要意义做粗浅探讨。
Administrative litigation and civil litigation are two types of litigation of different nature. From the litigation object, the purpose of litigation, litigation subject, the scope of acceptance of static point of view, the two should not exist cross-cutting issues. However, in judicial practice, the two major litigations are often intertwined and become a difficult task for judges in trial practice. This article discusses the important forms of the cross-over cases between people and firms, the forming factors, the impact of cross-border cases between people and firms, the solution to the cross-cutting issues of civil lawsuit and administrative litigation, and the proper handling of the cross-case between people and firms.