Constructs Our Country The Administrative Legal Precedent System

In the world, regardless of common law countries, or civil law countries, in the complex and ever-changing field of administrative law, jurisprudence has been a growing number of countries to accept.Two Schools due to different legal and cultural traditions, naturally formed the different administrative system of jurisprudence. Britain is the birthplace of the jurisprudence system, follow the precedent of the principle of the jurisprudence of the United Kingdom is the core of the system. In the United States as a whole succession of the British common law tradition, the case has also set up a system, but the United States insists on the principle of precedent to follow stringent than the United Kingdom.In civil law countries, the case is not the main source of law, there can be only a matter of fact binding, but the existence of an independent civil law countries of the Council of State, the case has higher legal status.In China, the law enacted to compensate for the shortcomings in response to demand and ensure that the judicial rights of a unified and effective in the prevention and control of administrative discretion of the abuse, it is necessary to establish the system of jurisprudence.China's historical tradition of jurisprudence, the Court of the Supreme People's Court promulgated guidance system and the case improving the quality of judges, which has made China Construction of the Case system has certain feasibility.Case Construction of the system should be focused on considering our country's legal and cultural tradition, the structure of the judicial system, development of the legal status quo, at the world from the outstanding achievements of the jurisprudence system.China's administrative system is case law upholding the formulation based on case law to the principle of complementarity, by the establishment of the development of standardized case of a complete system, contains the basic meaning of the case, the creation of conditions, the status and effectiveness, and the creation of the main procedures applicable principles and procedures, compiling and organizing, supervising measures, such as a set of system, it contains the richness of the internal legal procedures based on the priority, fair value, the efficiency value, the principle of justice finally established.In the cultural traditions of our country's laws, the legal status and the world's major countries of the jurisprudence system on the basis of the development trend of building the specific conditions of China's administrative system of jurisprudence, which conforms to the world's major legal systems integration continued the historical trend of China's economy is more , political, social, cultural and other factors raised by the development and changes in the objective requirements.