Building China's System Of Administrative Case Of Concrete Conception

Deep case study shows that law research has changed the pure concept deduction into, going deep into the actual social life and concerning about the balancing of the interests; China has the tradition of enactment, so it is inevitable that there is the conflict between the unity, stability, in completeness and enactment and the complexity and variability of the social life. Due to many reasons, this conflict is partiality conspicuous in the field of administrative law. No wonder professor Bai jianjun has a statement:"cases are the cell's of the system."The limitation of enactment can be used to demonstrate the existential space of the cases, which has be considered as con-senses in legal circles, or it is very difficult to understand that there should be a case. In the implementation of the principle of the presumption of innocence of criminal law. The Administrative case has the sense of getting the most based on the vitality, but the administer ratite case of existence and differently specific with other department-in china is developing the legal system is not perfect was protection of the party concerned; in china must understand right the cases are common law countries generate base and the introduction form cases system. It is beneficial for administration of justice reform.The judges of diathesis and ability foster transparency and so on, which would be a positive effect. It is conformed to tendency that two law system would be integration and unity.Our country in jurisprudential belongs to the category of continental law system, therefore, China should build system of administrative case, this paper the author advocates feasibility of administrative case system as a starting point, take two casters transverse comparison method, the vertical historical comparison analysis method, and combining with China's actual discusses China based system of administrative case the necessity and feasibility, and finally put forward China should construct legal source position of administrative case system. This paper discusses the three parts. The first part is the preface. The second part is text, divided into three questions to elaborate. The third part is the last word. The first part quotes mainly summarized the research situation of administrative case, and establishing the system of administrative case of Chinese administrative legal theory and practical significance of the administrative litigation. Case produced in countries of Anglo-American law system, Anglo-American law of prejudication now have more perfect. Civil law countries, especially in Europe of some typical statute law countries now also advocates the creation of administrative case system. Administrative case is connected administrative law of the theory and practice of Bridges, thereby establishing a system of administrative case for the development of our administrative law and administrative litigation launched has a significant role. The second part of the text is divided into four questions to discuss:my first question is administrative case about basic theory:the basic theory of administrative case from administrative case of first launched research overview of this problem. For administrative case overview of take the comparative analysis method, through the case of the meaning and the comparison with related concepts to illustrate: including case and case, case and case law, case and judgment, case and precedent, case and judicial interpretation case and directive case, etc. Secondly, through two typical representative of the continental law system country the United States, Britain, France and Germany administrative case of related problems of empirical comparative analysis, and based on this, summarizes the two big law applicable case law technological differences. The second problem is China's administrative case guidance system, based on the status of the actuality of our country and our country should adopt administrative case system debate is pointed out the defects of the system of administrative case instruction. The third problem is China introduced the necessity and feasibility of administrative case:combining the actual situation of China from five aspects:the necessity of introducing administrative case in China. First, the administrative case regulations help compensate for our administrative legislation shortage. Second, administrative case regulations help better implementation of administrative litigation purposes. Third, administrative case system to regulate the judges' discretion. Fourth, administrative case system to achieve justice unity. Fifth, administrative case system of human rights protection and conducive to the construction of harmonious society. Connecting with the practical situation of China from three aspects:constructing a system of administrative case feasibility analysis. First, our administrative law to introduce the development of administrative case system provides opportunities. Secondly, the legal science talent cultivation and judges to introduce to improve the quality of administrative case system to provide the possibility. Finally, The current our country's judicial system reform to introduce administrative case system provide the safeguard. The fourth question is building China's system of administrative case of concrete conception, combined with the actual situation of China from five aspects:first, the administrative case of legal effect. Second, administrative case of screening standard. Third, administrative case production entity. Fourth, administrative case of manufacturing processes. Fifth, administrative case applicable alteration and repeal rules.;The third part is the last word. Our country introducing the system of administrative case for ongoing judicial reform, to judge quality and competence, on the judgement of more transparent detrimental to play an active role in promoting, also accord with the world of two important legal systems integration and unified trend, constructing China's administrative case of the modernization of the legal system is the our country necessary condition.