Research On Administrative Precedent System

The administrative precedent system has these characters of flexibility, timeliness,creativity and expansibility, so this law system is applied generally in judicial practiceof the common legal family even the civil law countries. Because China is a writtenlaw country, therefore, our country doesn't establish the formal administrativeprecedent system yet. But the single written law system can't deal with complicatedadministrative legal relations with the fast development of modern administrative law.Establish a formal administrative precedent system not only is able to make up thedefect of the written law, but also is the necessary require and choice of realizingadministrative constitution. Therefore, we should learn some concerned experience offoreign countries and establish the formal administrative precedent system.The Chinese scholars still have different opinions about establishing the formaladministrative precedent system. At first, the writer will clarify the basic theories.The second, the writer will study the administrative precedent system of foreigncountries and analyze problems exiting in the law system of our country. At last, thewriter will propose a bodily design about the administrative precedent system. The administrative precedent in this article is some administrative decisions that they willbecome bases that courts judge same cases or similar cases in the future. In nowadays,establishing the formal administrative precedent system should comply with theprinciple that the written law is still the most important source of laws, at the sametime, the administrative precedent will be a complemental source. Practice needsleads from theories. I wish this article about research on administrative precedentsystem could provide helpful advice for amending Chinese administrative law.