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行政与民事交叉案件日益增多,囿于法律依据不明,司法指导不一,实践中审判思路各异,做法不同,案件中经常出现当事人诉权得不到保障,法院权威受到挑战的情况,使公平和效率的实现大打折扣。因此积极探索行政与民事交叉案件的审理机制极为迫切。为了降低诉讼的成本,提高司法效率,合并或附带审理是一种更为可行的选择。对此,需把握原则,由点到面,类型化突破,还需建设专门的行政纠纷与民事纠纷交叉案件审判合议庭制度。
There are increasing cases of cross-administrative and civil cases. Due to the unclear legal basis, different judicial guidance, different trial ideas in practice and different practices, cases of litigant rights of litigation are often not protected and the authority of the court is challenged. The efficiency is greatly reduced. Therefore, it is extremely urgent to actively explore the trial mechanism of cross-administrative cases and civil cases. In order to reduce litigation costs and improve judicial efficiency, mergers or adjuncts are a more viable option. In this regard, we must grasp the principle, from point to surface, type of breakthrough, but also the need to build specialized administrative disputes and civil disputes across the trial case court system.