A Study On The Case Guidance System Of Administrative Litigation In China

The administrative case guiding system,as the important part of case guidance system in China,is now carrying the role espectation of uniforming the application of administrative law,improving the quality of administrative trial,and promoting judicial justice. The administrative case guiding system,contains a series of procedural requirements and institutional system which based on the administrative guidance cases.The legal nature of administrative case guiding system,is a kind of justice mechanisms aims at uniforming the application of administrative law, whichs effectiveness espressed as de facto binding of Justice on similar cases.In the context of a country under the rule of law,the functions of administrative case guiding system embodied supplementing legislative norms,improving judicial pratice,and promoting the rule of administrative law. Now in China,the generation mechanism of administrative guidance cases have initially formed,plays a role in regulating the power of administrative rugulation setting and the procedural rights in the area of administrative penalty,while reflecting the judicial philosophy as Judicial Humility,Due Process,as well as restriction of powers.Confronted with so many problems,we should develop the administrative case guiding system by improving the relevant supportive mechanisms of generation and excitation,operation and supervision,evaluation and compilation.