Research On The European Union's Advance Ruling System

The preliminary ruling system plays an important role in unifying the application and interpretation of laws within the EU.It also plays a vital role in promoting the legal development of the EU and its member states,as well as in promoting the process of European integration.Through an in-depth analysis of the system structure and content of the pre-judgment system,we can find that the preliminary ruling system can not only better apply the unified law in the European Union,but also be used for reference by other countries and regional organizations,including China,in order to achieve the purpose of applying the law in the unified area.The preliminary ruling system is the result of the European integration movement,and it is also the inevitable requirement for the survival,development and growth of the European Union.However,it should be noted that the contractual union of countries among different legal traditions will inevitably lead to the non-uniform application of law.In actual intraregional exchanges,Member States will also have doubts about the effectiveness of the treaty,and the EU established through a large number of basic treaties can not get rid of such a reality.Therefore,in order to clarify the validity of the basic legal treaties in the EU and unify the application of the laws in the EU,the EU has formulated a series of legal provisions to create a distinctive preliminary ruling system.EU member states can apply to the European Court for preliminary ruling on the validity and application of the basic European treaties involved in their cases.The European Court determines the validity of the legal treaties submitted by Member States by making preliminary ruling system,and unifies the application of the legal treaties.In other words,the system of preliminary ruling based on EU treaties is the judicial review system of EU.The preliminary ruling made by the European Court of Justice has obvious determinacy and res judicata as well as distinct declaratory nature.Like other judicial systems,the European Union’s preliminary ruling system itself also has a perfect system and mode of operation.The preliminary ruling systemstipulates the subject and the object of the preliminary ruling,the scope of authority of the subject,the rights and obligations of the subject of the preliminary ruling,and also clarifies the court of acceptance and the conditions of acceptance of the preliminary ruling.It should be noted that the subject of preliminary ruling goes beyond the boundaries of sovereign states in the general sense of EU Member States-all judicial bodies with final functions in member states can apply to the European Court for preliminary ruling in respect of the effectiveness of the EU legal treaties involved in the ongoing cases.At the same time,the preliminary ruling system also regulates the situation and content of the preliminary ruling made by the European Court of Justice.It also stipulates the types and methods of the preliminary made by the European Court on the basic and derivative laws of the European Union and on the agreements concluded between member States.The preliminary ruling of the European Court of Justice has direct effect and priority effect.However,due to the unique joint mode between the EU and its member states,the acceptance of the direct effect of the preliminary ruling by the member states of the EU is relatively rapid,while the acceptance of the priority effect of the preliminary ruling is relatively slow.The system of preliminary ruling unifies the application and interpretation of law in EU,but due to the excessive number of preliminary ruling cases and other reasons,the system of preliminary ruling reduces the efficiency of the European Court to a certain extent,and also affects the independent status of the courts of EU member states.Therefore,the future development of the preliminary ruling system should be based on optimizing the relevant treaties,improving the content of the preliminary ruling,and striving to reduce the complexity and complexity of the preliminary ruling procedure.Although the preliminary ruling system is a unique judicial creation of the European Union,there are also relevant factors in the legislative,administrative and judicial fields of China.Specifically,the judicial system in Hong Kong contains the core meaning of preliminary ruling;the Standing Committee of the National People’s Congress has the characteristics of preliminary ruling in its interpretation of the law and its application;and the State Council’s judgment on the application ofdepartmental rules and local laws also has the key connotation of preliminary ruling.In addition,our judicial interpretation system,case guidance system and case request system also reflect the essential characteristics of preliminary ruling to a certain extent,but through a reasonable analysis of the above-mentioned system,we can find that although there are some factors of preliminary ruling in the judicial interpretation system and case guidance system,it is not preliminary ruling in our country’s judicial system.The direct representation in the system,while the case request system directly reflects the core intention of preliminary ruling.It is not only unable to accurately grasp the essence and core spirit of the preliminary ruling system,but also greatly diminishes the key role of the preliminary ruling system in the specific judicial practice of the EU.China and the European Union have huge practical needs in the unification of legal application.Although there are obvious differences in the application of law between China and the European Union,the member states of the European Union are sovereign countries with independent status,it does not belong to the category of antinomy to draw lessons from the localization of the European Union’s preliminary ruling system.On the contrary,we should improve our judicial interpretation system,case request system and guarantee the independence of the court on the basis of learning and discarding the system of prior adjudication.Only by unifying the application of law in our country to the greatest extent and properly resolving the legal conflicts faced by our country in the process of the development of the rule of law,can we achieve the grand goal of building a harmonious socialist society fundamentally and practically.