对民事与行政争议交叉案件的审理,各地法院司法实务上处理不一,方式多种多样,其原因可归结为立法规定的缺失与理论研究的不足两个方面;各自为政的处理方式,带来了诸多弊端。公正、高效地审理好该类案件,既要借鉴他国的经验,又需要做好立法、司法、执法、当事人方面的工作,构建符合中国法文化传统的交叉案件处理机制。 Judicial processing of cross-case disputes between civil and administrative courts in different jurisdictions varies in a variety of ways, the reason can be attributed to the lack of legislative provisions and the lack of theoretical research; decentralized approach has brought A lot of drawbacks. To fairly and efficiently try such cases, we must learn from the experience of other countries and also need to do a good job in legislation, administration of justice, law enforcement and litigants, and set up cross-case handling mechanisms that conform to the Chinese legal tradition.