行政机关拥有行政司法权 ,虽然既有可能性 ,也有必要性 ,但是也存在着无法解决的矛盾。行政司法权的行使应以当事人自愿为前提。即行政相对人在接受行政处罚的同时 ,有权选择关于民事权益争议的解决途径。这不仅能有效保证行政机关的工作效率 ,而且有利于实现社会公平。 Administrative agencies have administrative jurisdiction, although both possibilities and necessary, but there are also contradictions can not be resolved. The exercise of administrative jurisdiction should be based on the voluntary consent of the parties. That is, the administrative counterparts have the right to choose the solution to the disputes over civil rights while accepting administrative punishment. This not only can effectively ensure the working efficiency of the administrative organs, but also helps to achieve social fairness.