文章从一则案例为切入点，从法理上分析了不同国家机关在执法过程中所呈现 但学界又极少关注的有关行政权与司法权发生冲突进而引发两权孰“大”孰“小” 的问题。在此基础上，文章认为对问题进行衡量的关键标准在于实体与程序的 双重合法。文章还对如何协调执法中出现的类似问题提出了一定特色的看法。 The article from a case as a starting point, from the jurisprudence analysis of different state organs presented in the law enforcement process but the academic community has paid little attention to the conflict between the executive power and the judicial power, which in turn lead to two “big” and “small” The problem. On this basis, the article argues that the key criterion for measuring the problem lies in the dual legal entity and procedure. The article also put forward a certain characteristic opinion on how to coordinate similar problems appearing in law enforcement.