Discussing Of Introduction On Case Guidance System To The Administrative Field

On Nov 26, 2010, Supreme People's Court (SPC) issued"Regulation on Case guidance Work", which is a very important milestone event in our country's criminal justice activities, it states that"SPC issues directive cases, local courts shall refer to them when making similar judgments", this is also the first time that public security organs, procuratorial organs and people's courts in judicial realm introduces Case guidance system. The establishment of Case guidance system could effectively contain the phenomenon of"similar cases, different judgments"in judicial realm, supporting judicature righteous and fair. However, we could not deny that when enforcing law in administrative realm(including administrative review) phenomenon of"similar cases, different judgments"is even more severe, this is related to that our country is civil law country, there are flaws on administrative law and regulations hysteretic nature and finiteness, especially there is big gap between different administrative staff and judicial staff on legal qualities, personal qualities aspects. Therefore, not only judicial realm's current situation objectively and urgently requires a new judicial regulation, in order to deeply implement State Council's "Comprehensively Impel Layout of Administrative Implementation according to law"and"State Council's Decision on Enforcing city and town government's administration pursuant to the law", In our country's administrative enforcement realm, Case guidance system shall also be studied and quoted from judicial realm, which is an effective way to regulate administrative enforcement, especially to regulate administrative free discretion, this helps to avoid circumstance of similar cases different judgments during enforcement, meanwhile, it is also key method to make up for the flaws of current administrative law and regulation. Based on our country's current administrative pursuant to law situation, successful experience of foreign countries and areas administrative judicial system is actively absorbed, intensively analyze necessity and feasibility of introducing and establishing Case guidance systems in our country's administration realm. To establish and improve Case guidance system in administration realm according to Chinese Characteristics, to enhance regulative and systematical of Case guidance system, realize administration according to law in word and deed.