Research On The Guidance System Of Administrative Precedent

In the course of the construction of the rule of law, justice unity is an importantissue, in the pursuit of justice unity, the phenomenon of "different connection withthe sentence" more and more, around this problem, academic circles began to test.On October26,2005, just want (2005-2008)", which contains50reform task andreform measures, including in item13"set up. The rule started formally establishedcase guidance system in our country. In this way, of course, also includingadministrative precedent guidance system. After more than six years of efforts toexplore, at present, the precedent guidance system in China has produced results,however, because of no administrative law in our country, the administrativeprecedent guidance system itself, there are necessary. Therefore, this thesis hopes toadministrative precedent guidance system in our country implements the analysis ofexisting problems in the process, and to perfect administrative precedent guidancesystem in our country put forward feasible suggestion.This paper mainly divided into four parts, one is the analysis of the concept ofadministrative precedent guidance system, the second is the current situation ofadministrative precedent guidance system and its value, three is the problem ofadministrative precedent guidance system in our country, the path of the four is toperfect our administrative precedent guidance system. In the first part, first of all,introduce administrative precedent guidance system related concept, analyzed on thebasis of the administrative guidance precedent again and the relationship betweenjudicial interpretation.In the second part, mainly analyzes Article to study western precedent law,frames the west, from the Anglo-American law system and continental law systemthat can see the trace of precedent, especially in the precedent law as legal origin ofAnglo-American law system countries, more valuable resources about test systemcan be found, in test operation, precedent law of Anglo-American law system there isa lot to learn skills, such as avoiding technology, follow precedent, etc. Therefore, this article from the effectiveness of the precedent, apply and obtain theenlightenment mainly studies the precedent system in the face of the westerncountries and to learn. Hope the administrative precedent guidance system can gofurther and longer. the present situation and the value of administrative precedentguidance system, the status of administrative case guidance system in our country,mainly introduced the birth and development of it, this paper argues that the bestdescription of administrative precedent guidance system in China is that our countryhas preliminarily established the administrative precedent guidance system, but thereare a lot of drawbacks in the system, on the value of administrative precedentguidance system, from the theory value and practice value.In the third part mainly analyzes the current problems of administrativeprecedent guidance system in our country. About the administrative precedentguidance system, mainly displays in three aspects: first, the effectiveness of theadministrative guidance precedent position is not clear; Second, the problem ofadministrative guidance released precedent body; Third, the irregular procedure ofadministrative guidance case set; Fourth, the administrative system of guidingprecedents lack of actual supervision mechanism effectively. One of the most corequestion is effectiveness and supervision mechanism.The fourth part, mainly based on the analysis of the third part of the currentexisting problems of administrative precedent guidance system in China, exploresthe ways of our country’s administrative precedent. It is clear the effectiveness of theadministrative guidance precedent; it is clear the administrative guidance precedentsof the subject; Three is to perfect our administrative guidance precedentprogramming; Four is to improve our country’s administrative precedent guidancesystem.