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在《行政诉讼法》修改之前,民事争议与行政争议交叉时分别依照《行政诉讼法》和《民事诉讼法》规定的程序分别进行审理,既浪费了司法资源,影响了诉讼效率,不利于实质解决争议,也不利于当事人合法权益的保护。(1)为解决这一问题,《行政诉讼法》第61条规定进行了规定。本文拟从审判实际出发,初步探讨解决审理行民交叉案件时应当注意的相关问题。
Prior to the revision of the Administrative Procedure Law, when civil disputes and administrative disputes were crossed, they were separately tried in accordance with the procedures set forth in the Administrative Procedure Law and the Civil Procedure Law, respectively, thus wasting judicial resources, affecting the efficiency of litigation and adversely affecting the substance To resolve the dispute is not conducive to the protection of the legitimate rights and interests of the parties concerned. (1) In order to solve this problem, Article 61 of the Administrative Procedure Law provides for the stipulation. This article intends to proceed from the reality of the trial and tentatively discusses the relevant issues that should be paid attention to when handling cross-court cases involving trial travelers.