Research Of The China's Administrative Case Directing System

In 2005 year,the second five-year reform of the people's platform which was published by the Supreme People's Court, is clearly proposes to set up and perfect the case directing system,play the function of the guiding case in uniform the application of law standards, guide the lower court's trial and interpretation of the law.Thus, the case directing system in China was formally proposed.So far, the case of China are based on statutory law as the sole basis for treatment.However, with the expansion of the modern administrative areas, the administrative legal relations are becoming increasingly sophisticated, the single statutory system has been difficult to deal with this complicated situation.Therefore, establish the case directing system in the field of administrative proceedings is particularly necessary.Although the case precedent in administrative litigation play a practice function in our trial for a long time, but there is no a single standard.Thus, how to establish the China's administrative case directing system on legal theory and practice is an issue of particular concern.This article is divided into four parts:The first part is introduction. Analysis the background,purpose and meaning of the construction of China's administrative case directing system.The second part is the overview of the administrative case directing system.Mainly introduces the connotation of administrative case directing system, and give a comparative analysis of the extra-territorial administrative case system, on this basis give a mutual reference of the criminal and absorbed.The third part is the development of administrative case directing system in our country, as well as the problem of establishment of administrative case directing system.The forth part is the specific building of the administrative case directing system.Proposed the specific ideas of the administrative case directing system.Finally,Propose the principles and supervision system that apply to the administrative case directing system.