司法实践中存在大量行政争议与民事争议交叉关联的案件,本文认为应当在行政诉讼中设立行政附带民事诉讼制度,以减少当事人的诉累,保护公民法人的合法权益,避免法院就同一事实作出相互矛盾的判决,并对其具体制度的构建提出建议。 In judicial practice, there are a large number of cases in which administrative disputes and civil disputes are cross-correlated. This paper argues that administrative litigation should be established in administrative litigation so as to reduce litigation burden on litigants, protect the legal rights and interests of citizens and legal persons, and prevent courts from making reciprocal Contradictory judgments, and make recommendations on the construction of its specific system.