孙顺昌、廖海文在《论人大对行政权和司法权交叉的监督问题》一文中说,目前在人大受理的申诉案件中,存在行政权和司法权交叉的情况,一种情况是,依法应属政府及其职能部门处理的纠纷和案件,政府及其职能部门没有处理,当事人向人民法院提起民事诉讼,法院作为民事案件直接处理。另一种情况是,依 Sun Shunchang and Liao Haiwen said in his article “On the Supervision of the Crossing of the Executive Power and the Judicial Power:” At present, there are cases where the executive power and the judicial power cross in the appeal cases handled by the NPC. One situation is that according to the law, the government And their functional departments to handle disputes and cases, the government and its functional departments did not deal with, the parties filed a civil lawsuit to the people’s court, the court directly handled as a civil case. Another case is, according to