From Case Guidance System To Administrative Case Law System

Nowadays, our administrative statute system has been confronted with two majorproblems. First, there is an absence of administrative procedure act. Consequently, there is ashort of a common guidance for all kinds of administrative behaviors. Second, our currentstatute which governing the procedure of administrative lawsuit needs to be revised as soon aspossible since it could not provide sufficient and competent protect for the plaintiff in theadministrative lawsuit.On the one hand, although we have just established the case guidance system withChinese characteristics, this newly emerging mechanism may not be perfectly matched withour administrative statutory law system, it cannot directly and adequately help with theprogression and reformation of our statutory law system. On the other hand, tremendousefforts have already been spent on the introduction of Western case law system to China.Numerous papers and articles have already proved the advantages case law system could helpwith either the legislative part or the judicial part of our Administrative legal system.Both Chinese administrative law academia and the administrative judicial departmenthave recognized the merits of the interaction between administrative case law andadministrative statutory law. The advantageous reciprocity inspired by this interaction hadbenefited US administrative law practices a lot either in the past or present. Therefore, weshould cherish the opportunity which contemporary case guidance system has brought upeither theoretically or practically and spare no effort promote its evolvement to the idealChinese administrative case law system.