民事行政交叉案件审理问题话语体系探析

A Probe into the Discourse System for the Hearing of Civil and Administrative Dispute Overlapping Cases

从单一视角探究民事行政交叉案件审理问题,必然遭遇理论与实践的尴尬。交叉案件审理问题的形成原因是多方面的,所涉及的制度及基本理论问题也相当复杂。要寻求交叉案件审理一揽子解决方案必须处理好行政权与民事权利之间的关系、行政权与司法权之间的关系、民事诉讼与行政诉讼机制之间的关系,并在统一的话语体系下加以讨论。

A probe into the hearing of civil and administrative dispute overlapping cases from a single perspective inevitably encounters awkwardness theoretically and practically. The problems in the hearing of civil and administrative dispute overlapping cases are attributed to numerous aspects, involving comparatively complicated systems and basic theories. Exploration on possible solutions to the hearing of civil and administrative dispute overlapping cases calls for appropriate handling of the relationship between the executive and civil rights, between executive power and jurisdiction, and between civil litigation and administrative litigation mechanisms.