Research On Administrative Precedent System

In the backdrop of economic globalization, civil law and common law are merging each other day by day. Civil law countries advocating codification are more and more taking the role of precedent into account, they don't deny the merits of precedent any more and bring in administrative precedent system to the field of administrative litigation in order to compensate the inherent weaknesses and inadequacies of the law enacted. So on the basis of learning from the successful experience of the civil law countries and concerning the current implementation condition of administrative law in our country, it is significance for the paper to probe that it is necessary, possible and how for our country to establish administrative precedent system.Paper divides into introduction and six parts, the introduction mainly talks about the reason of thinking of the topic on establishing administrative precedent system in our country according to the "precedent judgment system" of the people's court in Zhongyuan district and the "publication system of typical case" of our Supreme Court.The first part of this paper makes a comprehensive and systematic description about the basic theory of administrative precedent system from the angle of its concept, operational mechanism and value.The second part of this paper mainly introduces the administrative precedent system of Britain and the Unite States respectively which are the typical representatives of the common law countries in hope to get something useful for establishing administrative precedent system in our country.The third part of this paper mainly introduces the administrative precedent system of France, Germany and Taiwan area of our country respectively that are the typical representatives of the common law countries and areas, which gives us some aspirations to establish our country's administrative precedent system on the basis of common cultural considerations.The forth part of this paper analyzes comprehensively the necessity of establishing administrative precedent system in our country. The fifth part of this paper analyzes comprehensively the feasibility of establishing administrative precedent system in our country.The sixth part of this paper mainly discusses the construction of the administrative precedent system in our country on the basis of learning from the successful experience of the civil law countries and the common law countries, inheriting our country's ancient precedent tradition and respecting reality of our country.