Administrative Case Study

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"The ruling ever did not produce the law"this traditional continental legal principle had already been broken through in the practice, the mainland legal system more and more took the legal precedent the function, 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.This article divides into three parts to launch the elaboration, the first part is a preface; The second part is this article main text are partial, divides into three questions to elaborate; The third part is concluding remark.The first part of preface mainly summarized the domestic and foreign research in the administrative legal precedent in present situation, as well as vital significance of establishing administrative legal precedent system to our country's administrative jurisprudence theory and administrative proceedings practice. The legal precedent produced in the British and American legal system countries; the British and American legal system legal precedents have already developed perfectly. The mainland legal system country, especially Europe's some models written law countries now also advocate to establish administrative legal precedent system. The administrative legal precedent is the bridge to connect the administrative law theory and the practice, therefore the establishment administration legal precedent system has the significant impetus function in launching to our country administrative law development as well as the administrative proceedingsThe second part of main text divides into three questions to elaborate:The first question is the administrative legal precedent elementary theory: Firstly, It...