Research On Administrative Precedent System

Administrative precedent system as a formal source of law in common law countries lasted for centuries. Administrative precedent system with its unique flexibility and adaptability, is widely used in civil law countries. It makes up the inherent defects of the statute law. The important role of administrative case system in judicial practice is increasingly highlighted. Therefore, the use of administrative case system can promote the development of administrative law of two legal system country. It also has very important practical significance. Statute law is the formal source of law in our country. In the field of administrative law in our country, however, did not form a uniform code of administrative law. Therefore, it is necessary to establish administrative case system in our country. It made up for the lack of administrative law in our country. Meanwhile, administrative case system can able to cope with the complicated administrative legal relationship. Therefore, the establishment of administrative case system is the urgently required, which means to adapt to the social development, improve the legal system and to realize administrative rule of law. Therefore, the research of establishing our country’s administrative precedent system is particularly important. This paper is divided into five parts:The first part is the introduction. This part states that the administrative precedent system is not only for the countries of Anglo-American law system, but also show a strong momentum of development in civil law countries. Although our country takes the statute law as the source of law, but also use the traditional jurisprudence. Our country has the the base to construct administrative precedent system. At the same time, construction of legal precedent system of administrative legal system of our country has the following important significance. First, to construct the administrative precedent system will help to fill the inherent defects of statute law. Secondly, construction of the administrative precedent system helps to regulate the discretion of judge. Thirdly, construction of the administrative precedent system helps to safeguard our country judicial unity.The second part is the analysis of the concept of administrative precedent system. This part starts from the concept of precedent, elaborated the concept of administrative precedent. Administrative precedent is a kind of judicial precedent. It originates from the administrative trial and is created by court. It can provide a legal basis and factual basis of administrative judgment to help judges to deal with the same or similar administrative cases. Administrative precedent has certain guiding sense and binding force. It is different from the administrative cases, administrative case law and administrative judgment. On this foundation, I elaborated the concept and characteristics of the administrative precedent system. Then the paper points out that the administrative precedent system is the authority by the strict procedure and the typical significance of the administrative precedent, and after the compilation, publication, thus forming the administrative precedent set. It is a judge in the trial of the same or similar cases in the future to provide reference and basis. It is a kind of the system, which is used by the trial practice.The third part is the administrative precedent system function and value analyse. This part first analyzes the function of the administrative precedent system. First, administrative precedent system can enlarge the scope of administrative subject. Secondly, the administrative precedent system can improve administrative relief system. It can expand the scope of administrative remedy in certain cases. Third, the administrative precedent system is the power to promote the perfection of legislation. It can complete perfection of statute law. Finally, the administrative precedent system regulates the law enforcement and judicial. It also promote the unification of the legal system. At the same time, the administrative precedent system is the combination of fair value and efficiency value.The fourth part is the analysis of administrative precedent system in mainland legal system. This part of the continental law system countries France and Germany as an example, analysis of the administrative precedent system in France and Germany’s establishment and effectiveness, as well as the unique administrative court system. At the same time, I have analyzed the Taiwan region of China’s administrative legal system. Civil law countries (regions) of the administrative precedent system in active exploration and Practice for the construction of China’s system of administrative precedent provides lessons and important enlightenment.The fifth part is the reflect on the construction of Chinese administrative legal system. First, analysis the feasibility of establishing administrative precedent system in our country. And then elaborates and research on the specific creation of administrative precedent system in our country. Including the validity of administrative precedent, the precedent of creating the subject and procedure of administrative precedent, the collection and compilation, and the system of administrative precedent to the supervision of the operation.