Research On Administrative Precedent System

The administrative precedent is not owned by common legal family, the mainland legal system more and more took the administrative precedent the function in the practice .After the foundation of the people's republic of China administrative precedent is negated. Currently, the various countries usually absorb and model other countries'valuable aspects, eliminate the malpractice which their countries'law system exists to promote their law system into positive cycle. Its internal exiting foundation is the vacant structure of administrative legal regulations and political idealism of judicial power priority. After the foundation of the people's republic of China, administrative precedent is negated. To meet he demand of current system reform, cater to need of civil rights, prevent and supervise the abuse of discretion and fulfill the beneficial interact of administrative precedent.From 1980,a lot of written-laws are promulgated in our country, letting every area of work has laws to abide by. With the rapid development of real society and the deepening of reform and opening-up policy, the stability of the written laws do not suit the needs of developing situation. With the characteristic of facing the reality, administrative precedent shows stronger superiority in administrative areas.The article divided into four parts to launch to elaboration how to conceive the administrative precedent in China.The first part of the article mainly discussed the semantic analysis administrative precedent including a series of legal system approaching it. At the same time the part also judged the effect of the administrative between the common legal countries and the mainland legal countries.The second part of the articles analyzed the skills of the administrative precedent in static and development states. The static state is embodied the common aspect which are The Doctrine of Stare and the Differentiating method. Only when "the bosom friend knows that "ability, the administrative precedent could be transplanted in our strange law soil. The regulation and judge guidance of the administrative precedent reflects the advantages and disadvantages in our country.The third part of the article is to elaborate the necessity and the feasibility of China establishing administrative precedent system. Structure administration precedent system must have its rational existence. Because of the fast changes the original administrative written-law stagnates late than society. It caused many aspect to have appeared law vacancy. The law legislation cost enormous and postponing nature requiring that we must explore administrative precedent system. Meanwhile, administrative precedent can take an example to improve the administrative law activity and get in touch with administration theory and practice intensely. Any derivation all needs its own soil suitable Administrative precedent system also have no exception. The Far-reaching historical legal precedent system setting has the worth value to structure administrative precedent system. Administrative law factors such as universality and complexity requires that our country structures administrative precedent system as early as possible.The last part of the article discusses how to conceive the administrative precedent and the difficulty in the practices. With the characteristic of the countries, we must construct the administrative precedent combining practice with theory. On the view of the China' s actual situation, the author hopes to perfect this advantageous of the administrative precedent in some detailed aspects such as the effect,main body and legal precedent form,procedure. Hope is fine, but difficulty is our maximal resistance. The extreme urgent task of our country is to solve the problem which is the choice of the pattern and the awkward position in administrative precedent system. The spare quantity,category as well as the judge quality are the resistance to construct the administrative precedent in our country.The administrative precedent is not owned by common legal family in the practice, the mainland legal system more and more took the administrative precedent the function. The administrative precedent carried on the supplement and the improvement unceasingly through the legal precedent form to some written laws, and secure also unceasingly introduced the new principle of legality and the spirit during the safeguard law stability. Our country belongs to the mainland legal system in the legal principle theory of law. Therefore, our country also should establish the administrative legal precedent system. The present writer advocated our country should establish the administrative legal precedent system as a starting point, adopts on the crosswise Chinese and foreign comparative analysis method, on the longitudinal history comparative analysis method, and unifies Chinese reality to elaborate the necessity and the feasibility of China establishing administrative legal precedent system finally proposed China should establish under the written law leadership the administrative legal precedent system.