Research On Administrative Precedent System

Administrative precedent system is the summary concerning of precedent distinguishing regulation related to administrative precedent, precedent collection abolition and application. Its internal exiting foundation is the vacant structure of administrative legal regulations and political idealism of judicial power priority. The system of administrative precedent is not owned by common legal family only. After the foundation of the people's republic of China, administrative precedent is negated. To meet the demand of current system reform, cater to need of civil rights, prevent and supervise the abuse of discretion and fulfil the beneficial interact of administrative theory and practice, we have every necessity to establish the system of administrative precedent. Moreover, the tradition of our legal precedent, measure of supreme people's court publishing cases, improvement of judge's quality, and reform on legal document in all provide advantageous conditions for the establishment of administrative precedent system. Based on the legal tradition ,reality and trend of merge between the two legal families, we should establish the administrative precedent system under the domination of the written law.