民事诉讼与行政诉讼是两类不同性质的诉讼。审判实践中,人民法院遇到民事、行政案件交叉,民事争议与行政争议相互交织、相互关联。目前无统一明确的做法容易导致法院判决错误,浪费司法资源,给当事人造成讼累。采取完善立法、推进依法行政、法官依法行使释明权、法院内设机构加强沟通等措施解决问题。 Civil litigation and administrative litigation are two types of litigation of different nature. In trial practice, people’s courts encounter civil and administrative cases, and civil disputes and administrative disputes are intertwined and interrelated. At present, there is no uniform and unambiguous approach that can easily lead to errors in court judgments, wasting judicial resources and causing litigation to litigants. Take measures such as improving legislation, promoting administration according to law, exercising the right of interpretation by judges according to law, strengthening communication among courts and other agencies and resolving problems.