On The Feasibility Of Establishment Of Administrative Case Law Legal System In China

From a global perspective, the Anglo-American legal system characterized by the case law and the Continental legal system characterized by the statutory law are integrating to each other, the various countries of two type are learning laws of others both in content and form. As a country of statutory law, china's introducing the case law to make up the defect of the statutory law is to not only comply with the international trend of legal system but also comply with the objective requirement of politics, economy, society, culture and so on. Especially in the scope of the administrative law, the administrative legal culture in the world has changed and will be changing in present days in five following aspects: First, the scope of the administration has transformed from the all-round government to the limited government. Second, the subject of exercising the administrative power has transformed from responsible government to participating democratically. Third, the principle of the administrative law has transformed from form government by law to substantive government by law. Forth, the administrative aim has transformed from management, command, force to service, instruction and cooperation. Fifth, the mechanism which controls the administrative law has transformed from only emphasizing on judicial review to emphasizing on both judicial review and administrative procedure. These changes also determine and predict that the trend of the administrative law of our country more and more attaches importance to binding and controlling the administrative law, and protecting relative people's legitimate rights and interests; the base of jurisprudence has transformed from the theory of management to the theory of controlling the power and the theory of balance. It's especially essential for our country in the scope of the administrative law to introduce the case legal system because it can more realize the aim of the administrative law. Seeing from the present, the jurists haven't demonstrates deeply the feasibility of establishing the administrative case legal system though they have come to consensus and have demonstrated the necessity of it. The author tries to demonstrate the feasibility of establishing the administrative case legal system by analyzing the background, the idea of value which produced it and the influenced factors of the transplantation of the case law. On the base, the author comes up with some opinions on conceiving the administrative case legal system.