The Research Of Administrative Case Guidance System

In November 2010, the Supreme People’s Court announced "the Supreme People’s Court about the regulation of case instruction work"(hereinafter referred to as the”regulations”), marked the case guidance system in China formally established. Subsequently, the Supreme People’s Court began to publish all kinds of guiding cases, as of December 2015,the Supreme People’s Court has published ten lots of 56 cases of various types of guidance.Case guidance system is an important system innovation in China’s judicial reform, carrying on the uniform law applicable standards,the realization of rule by law in connection with sentenced to target, promote justice role expectations. As an important part of the case guidance system, the administrative case guidance system to standardize the operation of the executive power, make up for the administrative legal loopholes, enrich administrative jurisprudence theory research has important significance. With the accelerating pace of social transformation, changes in administrative legal relationship is not living, administrative disputes diversified and complicated, with our country has yet to formulate a unified field of administrative proceedings Administrative Code led to rely solely on the existing administrative laws and regulations, unable to cope with each new kinds of problems and disputes,the establishment of administrative case guidance system’s primary purpose is to meet the internal demand of administrative law.From the perspective of the status of the judicial practice, however,there is a crisis of legitimacy of administrative case guidance system, the nature localization is not accurate, effectiveness is not clear, the judicial application rate is low. Hope to start from now on,this paper deeply analyzes administrative case guidance system in the operation of possible problems and put forward feasible Suggestions targeted.This paper studies the administrative case guidance system is divided into five parts: The first part of the introduction. Highlights of Administrative Case guide system study background and significance, research status and research methods. the second part. Administrative case guidance system introduces the basic theory. It introduces administrative case guidance system definition,the basic content, history and values and other functions. The third part of extraterritorial similar system profile. Introduces UK, Germany, France, the Administrative Case mature system development and technology, our system construction feasibility analysis. The fourth part ofadministrative case guidance system during operation of the existing problems. I learned from both theoretical and practical level, and thinks that at the theoretical level: administrative case guidance system exists a crisis of legitimacy, the nature of inaccurate positioning and other issues;On a practical level: administrative guidance of the small number of cases, the effect is not clear,applicable standards presence and absence of the rules, lack of guidance applicable to judge cases of thinking and technology, the lack of the necessary safeguards mechanism. The fifth case guidance system to improve administrative recommendations. The existence of the administrative case guidance system operation problems, feasible suggestions relative to this section shall be given to promote the progress of academic research related administrative case guidance system.