The Study On The Administrative Case Guidance System In China

In order to unify the application of justice and meet the needs of judicial practice,China has gradually established the case guidance system.The administrative case guidance system is an important part of the case guidance system.With the continuous development of the classification research in recent years,the research of the administrative case guidance system has made some achievements.This paper introduces the background of the article,the significance and the research status at home and abroad on this topic.The first chapter introduces the relevant theoretical knowledge of the administrative case guidance system,including the concept of administrative case guidance system,the relationship between itself and the case guidance system,the concept and scope of the administrative guidance case,the selection and release of the administrative guidance case.It describes its general properties,special attributes,and analyzes the function of the administrative case guidance system on the basis of the nature of the administrative case guidance system.In the second chapter,first of all,this article tells the development process of the administrative case guidance system of our country in chronological order.Secondly,it summarizes the characteristics and problems of administrative guidance cases in an empirical way which have been published at present.Then,it mainly studies the administrative jurisprudence system of the Anglo-American legal system countries and the civil law countries.It selects Britain and Germany as the representative countries of the two legal systems,and summarizes the different characteristics and advantages of the administrative jurisprudence system of the two countries.Based on the problems of administrative guidance cases reflected in the above-mentioned part,the third chapter analyzes the problems of China's administrative case guidance system in the generation existing institutional level system,such as the generation mechanism,the applicable mechanism,the safeguard mechanism and so on.For example,in the mechanism of formation,the administrative guidance case is produced in a single way,and the recommendation-selection mechanism is insufficient.In the applicable mechanism,the effectiveness of the administrative guidance case is not allowed.The similar administrative case is difficult to judge,and the scope of reference is limited.China's administrative case guidance system also lacks the corresponding safeguard mechanism.The fourth chapter combines the present practical situation of the administrative case guidance system in China with the advantages of the administrative jurisprudence system in countries outside,and put forward appropriate solutions to solve the above problems.For example,it can establish a variety of ways to produce administrative guidance cases,and improve the recommendation-selection mechanism.It can also accurately locate the effectiveness of administrative guidance cases,improve the technology to judge the administrative case,and expand the scope of reference.The corresponding safeguard mechanism also should be established.By these measures,we hope that it can improve the administrative case guidance system in our country.Although there are still many problems at this stage,China's administrative case guidance system is in the process of continuous development and improvement.It has strong vitality and adaptability,and it will gradually play its flexible guiding role in the judicial practice.The initiatives which constantly improve the administrative case guidance system will effectively promote the process of China's rule of law.