Research On Administrative Case System

This article is divided into two major parts including the introduction and the text. A brief introduction explains the original of the article and raises the basic theory question which analyzes the priority of introducting administrative case system into administrative law field. The introduction also explains the line of the article and shows the judicial interpretation as a basis of the study of the administrative case system as well as explores how to induct the administrative case to judicial practice. Around this goal, the paper is divided into five chapters. The basic idea of the chapter is first to explain the elementary knowledge of the administrative case, analyze the theoretical foundation and the value orientation, study the necessity and feasibility of the administrative case established in our country, and discuss the mode and means of constructing this system.The chapter one is the category analysis of the administrative system. This chapter starts with the concept of case, distinguish the case, precedent, and judgment. Administrative case is defined on this basis, through comparing with administrative case and administrative customary law, administrative precedent and interpretation, and this chapter further clarifies the administrative case's content. On the basis of analyzing the concept of case, the administrative case is defined as a binding judgment that courts decide in hearing cases aimed at providing principles for similar cases in the future. Firstly, comparing with the Administrative customary law, Administrative case is mainly practiced in the field of the Administrative Litigation. However, Administrative customary law is suitable for Administrative Litigation as well as Administrative management, and the formation and change procedures of the Administrative case is more strictly than the Administrative customary law. Secondly comparing with the Administrative precedent, although they are both based on the individual case, the field of application and the degree of standardization is different. Administrative precedent is a repeated and binding common practice that administrative agency deals with matters, and it is practiced in the procedure of the enforcement of administrative law, however, its degree of standardization is not high. In additional, comparing with the Administrative interpretation, they are different in the subjects, the scope and effectiveness. The subject of Administrative interpretation is administrative agency who owned the powers of the interpretation. Its authority can only be limited to the application of the administrative legislature. Comparing with the judicial interpretation, administrative interpretation does not have final authority and its reasonability should be reviewed by the court.The chapter two is the original and development of the administrative case. As a breakthrough point of the case system evolution, this charter analyzes the evolution of case system and its uniqueness in Roman Law Legal System from the original of case system of Common Law Legal System, and inducts the development process of administrative case system. Finally, on the background of the fusion of the two Legal Systems, this chapter discusses the features of the law development of Roman Law Legal System. On elaborating the historical development of the administrative case, the article discusses the original and development of the two legal systems in horizontal angles and also discusses the historical development vein and the theme in the vertical angle. The article expound the function of the administrative case system to the development of administrative in the State police time, freedom and rule by law time, social and rule by law, and international integration and rule by law time in term of the evolution of the Administrative Law. The function of the administrative case in the Administrative Law is embodied: first, administrative case system has settled the foundation of the theory of the control administrative powers and the foundation of basic theory of Administrative Law; the second, administrative case has established and developed the basic principles of administrative law; and the third, administrative case has promoted the establishment of the administrative court. At the meanwhile, this article analyzes under the trend of integration of two legal systems the Common Law Legal System and the Roman Law Legal System format a new pattern, which is"you have me, and I have you", and the two legal systems confuse with each other in legal forms. The role of judge has gradually enhanced in the Continental Legal System in which statutes overwhelmed.The chapter three is the origin and basis of administrative case system. In this chapter, the author discusses with the following issues: what is the development vein and theme as the judicial process of legal interpretation theory? Whom is the subject of legal interpretation? Whether the judge has the powers to interpret laws? If so, how does the judge to interpret the law? Around these questions, the author explains the origin and basis of the administrative case theory in the view of legislative and judicial point and analyzes the due of the administrative case system. First, starting with the basic point of the concept of law, the article analyzes the legal interpretation theory in the view of the Legislation, that is, the statutes are self-sufficient and perfect,"judicial decisions are not sources of law". Second, on the basis of criticizing the theory of legal interpretation of the concept law, this chapter denies the its basic points in the judicial view of legal interpretation theory, and demonstrates the theoretical foundation of administrative case system on the school of law of Liberalism"living law","the measure of interest","decision"theory, the school law of Realist"law practice","skepticism","judge-made law"theory, and the school law of Sociological's theory of judicial decision. Last, this article puts forward that application of law should balance between conservation and radical in the view of reconsideration the judicial theory. To explain the theoretical basis of administrative case system in the vicissitude of the theory of legal interpretation and the due of administrative case system under the guidance of administrative law principles through Hart's"opening legal structure"and Dworkin's"integrity of the legal theory"as well as MacCormick's"institutional theory of law".The chapter four is the value orientation of the administrative case system. This chapter demonstrates seven values of the administrative case system including the fairness, equality, efficiency, control of administrative powers, balance, guidable, and innovative. Through analyzing the connotation of fair, this chapter points out that judiciary is the most important way to realize the justice. Judicial justice combines reasonable determinism, predictability of legal principles and appropriate discretion. Administrative case system is the effective way to achieve justice of individual case, and it helps to atone the limitations of administrative law principles in realizing universal justice. Not only through justice of individual case under administrative case to realize universal justice, but also administrative case is a formal manifestation of substance justice. On the basis of demonstrating fairness of administrative case system, this article analyses that administrative case litigation is a reference substance that litigants examine decisions in the view of equality settled by administrative litigation. It can effectively correct tort actions, and helps to guarantee the legal interests of administrative related-party. Moreover, this article puts forward"disk theory"theory, and explains the functions of administrative case system on balancing legislative, executive and judicial powers, balancing the public interests and individual interests through operating the balancing mechanism, and promotes the achievement of structural balance of administrative law. At the meanwhile, the administrative case system will help controlling executive powers and regulating judicial powers. In addition, the administrative case system may create new legal principles through atoning the blank of administrative legislation, and provides reference and guidance for the enforcement of administrative law and administrative trial.The chapter five studies the generation and construction issues of the administrative case system in our country. On the basis of proving the necessity and feasibility of establishing administrative case system, this chapter puts forward the basic conception of constructing this system from aspects of model choose, nature, creation and applicating the system. This article focuses on the function of administrative case system on uniforming the application of law, atoning the insufficient of administrative legislation, consummating judicial interpretation, connecting the theory and practice of administrative law, and giving consideration to the quality and efficiency of trial, and analyses the necessity of establishing this system in our country. This chapter proves the feasibility of establishing this system in our country in the view of the tradition of case law in our country, the successful practice of case guidance system, the beneficial try in district court and the practice of administrative case system in Roman Law Legal System countries. On this basis, further purposes the idea to build administrative case system in our nation. Advocates the use of the"hybrid model", that is, creates administrative case system on the basis of statutes. Administrative case is put the position on the judicial interpretation for individual case, giving it the legal status of the sources of administrative law. On the issue of the formulation body of administrative case, advocates that the Supreme People's Court and Higher People's Courts have the power of creation. At the same time, a reporting system once departuring from case should be established, promotes the reform of administrative judicial tier system, establishes appropriate training and research institutions, in order to realize the administrative case system.