行政机关在行使职权过程中,介入与行政管理活动相关的民事关系现象,已经为法学理论界和实务界注意到,并在分类及解决机制上研究颇多。但是,对于具体个案,行政权能否介入、如何介入、介入的边界是什么却缺乏讨论。从最高人民法院行政判决的视角,行政权被动介入民事关系的实体范围可以理解为“行政主体的职权、当事人的请求和案件本身的必要性、当事人的处分”三者之间的交集。 In the course of exercising their powers, the administrative agencies intervene in the civil relations related to administrative activities have been noticed by the jurisprudential and practical circles, and many studies have been done on the classification and solution mechanisms. However, for specific cases, whether or not the executive power can intervene and how to intervene, what is the boundary of intervention is lacking in discussion. From the perspective of administrative judgments of the Supreme People’s Court, the scope of the entity whose executive power is involved in the civil relationship passively can be understood as the intersection of the three: “the authority of the administrative body, the request of the parties and the necessity of the case, and the punishment of the parties concerned.”