On The Establishment Of China's Administrative Case Guidance System

The basic principle of ruling by law is treating the same things with the same standard. However, it is very normal that the same cases give birth to the different results. In order to stopping this kind of phenomenon, People's Supreme Court proposes that we must establish the case instruction system. Based on the characteristics of Administrative Law and the need of administrative action practice, it is essential to establish the case instruction system as soon as possible in the field of Administrative Law.If we want to realize the administrative government by law, to promote the fair in every individual case, and to maintain the form justice, we must establish the administrative case instruction system. It can makes up the flaw of our country's administration substantive law, then make Administrative Law get rid of the difficult position. And it can do something useful to the unity of administrative legal system and the judicial fairness and the efficiency. We have good condition and foundation on this problem. Our country's tradition of using legal precedents has provided the cultural base for it. Using legal precedents in the judicial practice has provided the realistic foundation for it. The scholar's fundamental research has provided the theorical foundation for it. The foreign contries'system has provided the empirical foundation for it.Because of all kinds of factors, the main body should be the People's Supreme Court in the administrative case instruction system. The administrative instruction cases must conform to certain standards. For example, the given reason must be full, the narration must be detailed, the chosen law must be correct. And it must confom to certain procedure. Generally speaking, it contains five stages. That is the primary election, the verification, the announcement, supervision and compiling. The administrative instruction case must have legal potency in order to realize the system's goal. In the administrative action process, it generally contains three stages: recognition, inference and elaboration.