一、问题的提出在涉及公司诉讼的案件中,法院经常会遇到民事案件和行政案件的界限划分及民事诉讼与行政诉讼的交叉问题,对此如何处理,往往成为某些公司诉讼案件审理的难点,而这一难点的解决实际上就是在公司诉讼中如何正确处理司法权与行政权的关系问题,即在公司诉讼中是否能够通过民商事 First, the issue raised In the case involving corporate litigation, the court often encountered in civil cases and administrative cases of the division of boundaries and civil and administrative litigation cross-cutting issues, how to deal with this, often become the case for some corporate hearings Difficulties, and the solution to this difficulty is actually how to correctly handle the relationship between the judicial power and the executive power in corporate litigation, whether in corporate litigation through civil and commercial matters