民事与行政争议交叉案件的识别与处理机制探析

Analysis of recognition and treatment mechanism of overlapping cases between civil and administrative disputes

民事争议交织着行政争议的案件大量存在,界分诉讼性质,择选法律适用,进而付诸不同的诉讼救济途径。该问题之与当事人而言是十分棘手的;即便对审判机关法院来说,识别民事争议和行政争议也是诉讼程序启动的前提。诉讼实践中,往往存在一个案件无数个判决,既浪费了我国有限的司法资源,又增加了当事人的讼累,究其原因在于相关法律规范的缺失。

There are a lot of cases which overlap civil dispute and administrative dispute which should be litigated by defining its litigation characteristics, choosing suitable law and using different litigation paths. The problem, in terms of the party, is very difficult. Initiating litigation procedure is the premise of distinguishing civil dispute from administrative dispute for a judging department. In the practice of litigation, a ease always has many judgments, which not only waste the limited judicial resources of China hut also increase litigation cost of the party. The ：reason for this is short of related lawful regulations.