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在行政与民事争议交织的案件中,行政附带民事诉讼是现行解决争议的有效方式。但是,通过对实践中一些行政附带民事诉讼案例的考察,在涉及到一些行政登记类行民争议交织案件时,行政附带民事诉讼的处理模式相较于单纯的民事诉讼往往更显繁冗,甚至法院在审理过程中会做出互相矛盾的民事与行政判决。为了突破这一困局,可以对行政、民事争议的连接点进行分析,判断案件的性质然后决定是否有必要将该两类争议合并审理,如此不仅可以节约司法资源、提高司法效率,同时也可达到案结事了的目标。
In the cases of administrative and civil disputes, the administrative incidental civil litigation is an effective way to resolve disputes. However, through the investigation of some cases of administrative incidental civil litigation in practice, it is often more cumbersome to deal with administratively attached civil litigation when it comes to the interlocution of some administrative registration-type civil disputes than the simple civil litigation. Even the courts In the trial process will make conflicting civil and administrative judgments. In order to break through this predicament, we can analyze the connection point between administrative and civil disputes, judge the nature of the case and then decide whether it is necessary to combine the two types of disputes, so as to not only save judicial resources and enhance judicial efficiency, but also The goal of the case was settled.