An Empirical Study Of Administrative Case Guidance System In China

In recent years, the case guidance system in China has more practice. Although lawexperts and scholars have been paying more attention in this problem from the perspectiveof the judicial field, the administrative case guidance system is beginning to be establishedone after another in throughout the country to further regulate the application of theadministrative free rulings and avoid giving big differences to similar cases. Particularly,Hunan province has not only formulated “Hunan province administrative cases guidingmethod”, but also firstly released400guiding cases of administration. The case guidancesystem established by Hunan province covered specific administrative actions, such asadministrative penalty, administrative licensing, administrative determination, and gaveguiding cases of administration the limited effectiveness of “should refer to”. In spite ofthis, the current administrative case guidance system has several big problems, when weinspect the400guiding cases released by Hunan province from the perspectives of form,content, subject, and time, such as the laziness in issuing guiding cases as a result of thebureaucratic brittleness, the repetition of guiding cases, the diversification of the selectioncriteria, the application of discretionary circumstances, lack of guidance and deviancy ofguiding cases of administration not only waste finitely social resources, but also may makeguiding cases function improperly, which should cause administrative law scholars andadministrative departments on high alert. So, from the practice of Hunan province, it willhave significant enlightenment for the development of administrative law andadministrative discretion to objectively reflect the true picture of administrative guidingcase and correctly evaluate the system’s function.