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民事诉讼法第3条规定:“人民法院受理公民之间、法人之间,其他组织之间以及他们相互之间因财产关系和人身关系提起的民事诉讼,适用本法的规定.”这一规定基本上同民法通则的规定相适应,初步解决了人民法院受理民事案件的范围.但是,民诉法的规定只是原则性的规定,它不如行政诉讼法关于受案范围的规定那样具体明确.本文试着研究民事诉讼与行政诉讼以及民事法律关系交叉、重叠形成的法律关系,并分析研究民事诉讼中需要把握的民事法律关系与行政法律关系的若干特点.
Article 3 of the Code of Civil Procedure stipulates: “The People’s Court shall accept the provisions of this Law when accepting civil actions instituted between citizens, legal persons, other organizations and between them in relation to property and personal relationships.” Basically meeting the general provisions of the Civil Law, and initially settling the scope of accepting civil cases by the people’s courts. However, the provisions of the Civil Procedure Law are merely the principle provisions, which are not as specific as the provisions of the Administrative Procedure Law regarding the scope of the case. Try to study the legal relationship formed by the overlapping and overlapping of civil lawsuit, administrative lawsuit and civil law relationship, and analyze some characteristics of civil law relationship and administrative law need to be grasped in civil lawsuit.