民事行政交叉案件审理若干问题研究

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法官棘手的难题。就民行交叉案件审理中存在的问题、国外相关规定与实践以及审理模式进行粗浅探讨。

Research for Several Questions about Mutual Cases of Civil and Administrative

They are different lawsuits between administrative lawsuit and civil lawsuit.Both of them should have no mutual questions from the terms of the object of action,aim,subject,scope of accepting cases and etc.But they always have mutual questions in the lawsuit practices and then become big trouble to judge in the judicial practice.This thesis makes superficial discusion on open question of mutual cases of civil affairs and administration,moreover,relevant overseas regulations and practice and hearing type.