On Reform And Perfection Of Administrative Case Guidance System In China

In recent years, judicial reform increasingly concentrated in the construction and improvement of case guidance system. The Supreme People’s court also released the outline of people’s court reform to emphasis on the significance of establishing case guidance system. Released in2010,"the Supreme People’s Court on the case guidance work rules" is more specific questions about the refinement of case guidance system, such as the selection conditions, recommended procedures, issue subject has been made a further provisions. Since then, all over the court also made many beneficial attempts, but due to the lack of the Supreme People’s Court of the unified deployment and requirements, it is not great. The current study results are relatively abundant, but on the effect of positioning guiding cases and applicable method also exist certain differences. This paper selects the administrative case guidance system as the research object, the nature and effectiveness of positioning to focus on the administrative case guidance system, combined with its function, and through the investigation and analysis of the present administrative case guidance system, attempts to construct and perfect putting forward to some suggestions for reference.In the preface, firstly by analyzing the characteristics of administrative law itself, points out the necessity to establish the system of administrative guidance, administrative litigation cases in the field.Secondly, combined with the generation and development of China’s administrative case guidance system, analyzes the existing problems in the administrative case guidance system, and then points out that the idea of writing this article, including the following several aspects of content.The first part mainly introduces the basic issue administrative case guidance system in China, the first is the concept of administrative case guidance system, the difference and connection between the administrative guiding cases and administrative cases, administrative practice, judicial interpretation and other related concepts, which focuses on the relationship between administrative guiding cases and judicial interpretation. Secondly introduces the administrative case guidance system in China, including the unification of legal application, making up the defects of statute law, regulating the discretion of the judge, to improve the trial efficiency etc. By the analysis of the previous research, it gives the definition of effectiveness of case guidance of administration in our country, pointed out the author’s point of view, is the administrative case guidance given in fact binding, although not legally binding as a judicial interpretation, but the judge is not applicable to guiding cases in the decision, after discussing the need of the court judicial committee, and report to the superior court, that does not apply for administrative reasons, the effect of guiding cases are of great help.The second part, through summarizing and expounding the current situation and development of administrative case directing system of our country, and putting forward to some problems existing in the present China administrative case guidance system, such as the effectiveness of positioning not clearly, leading to the judge in the specific application process, vacant phenomenon existing in a certain extent; the number of the current release administrative case guidance is insufficient, quality is not high, the problem is not too clear. The list of statistics of administrative case since1985to2012of the Supreme People’s court in a number of specific classification, and some typical administrative cases to illustrate a series of problems existing in administrative case guidance system of China.Thirdly, trying for the two part of the analysis of the front, putting forward some suggestions on the reform of China’s administrative case guidance system, mainly from the administrative case guidance applicable conditions and methods, the selection standard administrative guiding cases, such as the expansion of administrative guiding cases sources, giving full playing the role of experts and scholars, lawyers and other sectors the power of guiding case is recommended; determining the administrative guiding cases authority issued subject, combined with present Ancient Chinese Literature Search circles for the case of administrative guidance issued subject controversial, some scholars believe that the Supreme People’s court can also be issued subject, published with case reference effect in this area in the field, but the author thinks that in order to ensure the authority of administrative guiding cases, the Supreme People’s court as the main issue uniform must be made, strengthen the business training, improve the judge level, such as appropriating administrative guiding cases into the annual assessment for administrative guiding cases often organizing the study and discussion, to enhance the application of directive cases technology etc. strengthening the administrative guiding cases quality management work, to further standardize the administrative guiding cases format requirements, and in a timely manner to form the corresponding cleaning and revocation mechanism, and the formation of compilation of the administrative guidance some very typical case, and finally putting forward the deviation report system can be used for reference administrative case guidance system.