Study On The Reference Validity Of Administrative Guiding Cases

The trend of the development of guiding case system in depth puts forward higher requirements for system research.That is,on the basis of the fruitful macro research results,we should improve the pertinence and operability of the research.Taking the guiding case No.60 as the breakthrough point,this paper studies and analyses the citation methods,subjects,regions and status.From the point-to-point perspective,it can be seen that there are some drawbacks in the current political guiding cases,such as insufficient popularity,low response rate of judges,large regional differences in citation effect,weak response consciousness of judges and doubtful quotation scope.The root is that the effectiveness of administrative guidance cases is vague.This predicament of definition not only leads to the reluctance of judicial judges to break through the existing logic of judicial adjudication,but also makes the judicial organs unwilling to implement and popularize it Therefore,in order to promote the effective landing of administrative guiding cases,it is necessary to clarify their effectiveness orientation,so as to clarify their development direction,guide the construction of corresponding supporting measures and the invocation of judicial decisions.Administrative guiding cases have referential effect(guidance)which is clearly stipulated in legal documents,conforms to the inherent requirements of statutory law system,and is operable in practice.But guidance does not mean inaction,nor does reference mean inaction.It is urgent for the Supreme People’s Court to issue relevant measures to guarantee the reference effect of administrative guiding cases.Therefore,we should work in a multi-pronged way to build a supervision mechanism and abolition mechanism,standardize explicit invocation rules,clarify the scope of invocation,improve social identity,and form a new judgment thinking including administrative guiding cases.Only in this way can the administrative guiding case system remain vigorous and play a real role.As for the guiding case No.60,we should improve it by clarifying the response effectiveness of the National Food Safety Standards Committee to the referee’s points,building a feedback mechanism to enhance the operability of the referee’s points,and strengthening the breadth and depth of learning.