行政诉讼制度,引起了行政附带民事诉讼问题。行政附带民事诉讼作为行政诉讼与民事诉讼这两个性质不同的诉讼并存,由于我国诉讼立法技术和操作层面的先天不足及司法层面的界定争议,导致其在诉讼关系、程序、原则等诸方面与行政诉讼发生冲突。如何协调这些冲突,保证诉讼法律部门的内部和谐,就成为一个亟需解决的问题。 The system of administrative litigation has caused the issue of administrative incidental civil litigation. As a litigation with different nature, administratively attached civil litigation coexists as the two litigation of different nature, due to the innate insufficiency of technical and operational aspects of litigation legislation in our country and the controversy at the judicial level, the litigation, administration, Litigation conflict. How to coordinate these conflicts and ensure the internal harmony of the legal department of litigation has become an urgent issue to be solved.