The Research Of Improve Administrative Case Guidance System In China

As early as October26,2005, the Supreme Court issued a "People’s Court of second five-year reform outline (2005-2008)",50reform tasks and reform measures.13"establish and improve case guidance system, the emphasis on the guiding case in the unified law applicable standard, to guide the lower court trial, enrich and develop the legal theory. Supreme People’s Court formulated on case guidance system normative documents and regulations the instructive case the selection and design standards, compile the program, publish, guidance rules."this requirement to open a case guidance system of the formal establishment of the journey. This journey, of course, also include the administrative case guidance system. After more than six years of painstaking study, the current case guidance system in China has achieved initial success, the establishment of this system has far-reaching significance. However, the time established by the administrative case guidance system in our country is still short, the system itself, there are still sound necessary. Therefore, the paper hopes to analyze the implementation of the problems in the process of China’s administrative case guidance system, and put forward practical recommendations to improve our administrative case guidance system.The paper is divided into three parts, one is the basic theory of the administrative case guidance system, the second is the present situation and existing problems of China’s administrative case guidance system is to explore ways to improve our administrative case guidance system. In the first part, the first about the concept of administrative case guidance system; analyzed based on the basis of China’s administrative case guidance system has value.In the second part, the analysis of the current status quo of China’s administrative case guidance system and its problems. In the status quo of China’s administrative case guidance system, mainly the course of development, and the realities of our administrative case guidance system. This paper argues that best describes the guidance system of the status quo of China’s administrative case:China has initially established the administrative case guidance system, but this system there are still some of the less healthy, need further improvement. About the problems that exist in China’s administrative case guidance system, mainly in three aspects:First, the legal effect of the guiding administrative case is not specific, resulting in very limited role in guiding administrative case to play in the judicial practice. Second, the legal status of the guiding administrative case is not clear, legal status is not clear on guiding administrative case, the most central issue:whether the guiding administrative cases can as the origins of Administrative Law in China? Third, China’s administrative case guidance system lacks safeguards its adapting mechanism.In the third part, based primarily on the analysis in the second part of this article, the current problems existing in China’s administrative case guidance system, to explore ways to improve our administrative case guidance system. One is to improve the choice of China’s administrative case guidance system, release mechanism, which, of course, improve the selection criteria guiding the administrative case, a clear case release the main administrative guidance, clear release of guiding administrative case and Perfection of guidance sexual administrative cases establish procedures; perfect our implementation and supervision of the administrative case guidance system protection mechanism, on the one hand to improve the selection of judges and incentive mechanisms for administrative proceedings, on the other hand you are trying to build our guiding administrative case information database. This paper hopes through the several improvement measures to further improve China’s administrative case guidance system, so that it can give full play to the guiding role of the administrative case to promote the unification of the field of administrative trial law applicable to improve the level of administrative adjudication.