在司法实践中,经常发生当事人因拆迁安置、土地征用、行政处罚、行政许可等行为引发的民事纠纷,产生民事诉讼和行政诉讼等相互交叉重叠的案件。人民法院受理的各类民事案件和行政案件中,这两种相互交叉、重叠的案件占有相当大的比重,并呈增长的趋势。司法实践中迫切需要解决行政、民事争议交叉案件的裁判问题。但由于立法的缺失,导致司法实践中各地法院对这类交叉案件的具体做法极不统一,这种现象已导致当事人“没完没了”的诉累以及法院司法资源的浪费,甚至导致司法程序的混乱和司法裁判的不公。 In judicial practice, frequent civil disputes such as demolition and resettlement, land acquisition, administrative punishment and administrative licensing lead to cases where there are overlapping and overlapping civil and administrative litigation. Among the various types of civil and administrative cases accepted by the people’s courts, these two overlapping and overlapping cases occupy a large proportion and show an increasing trend. In judicial practice, there is an urgent need to resolve the issue of referees in cross-cutting administrative and civil disputes. However, due to the lack of legislation, the specific practices of courts in different jurisdictions in such cross-over cases in judicial practice are extremely uniformed. This phenomenon has led to the litigation of litigants and the judicial resources of the court, and even to judicial Confusion in the procedure and injustice in judicial adjudication.