在我国司法实践中,民事争议和行政争议作为两类不同性质的争议,分别由民事审判庭和行政审判庭照民事诉讼程序和行政诉讼程序予以审理,对于民事与行政交叉的纠纷如何处立法没有明确规定,审判实践中做法也不一,从而对司法权威性、严肃性造成了冲击。基于这种情况,本文拟从实用主义的视角出发,通过对司法实务的考量,结合考察国内外学界的不同理论观点,着力探索两大争议衔接的基点,在现行法律框架下找寻合理的诉讼程序审理模式,使之达到有效的平衡与融合。 In our country’s judicial practice, civil disputes and administrative disputes are two types of controversies of different nature. They are handled by civil trial courts and administrative trial courts according to civil procedure and administrative proceedings, respectively. How to deal with the dispute between civil and administrative areas is not regulated Clearly stipulated that the practice in judicial practice is also different, thus exerting an impact on the judicial authority and seriousness. Based on this situation, this article from the pragmatism point of view, through the consideration of judicial practice, combined with the study of different theoretical views of domestic and foreign scholars, efforts to explore the two major points of convergence of controversy in the current legal framework to find a reasonable litigation process Trial mode, so that it can achieve effective balance and integration.