Research On China’s Administrative Case Guidance System

The case guidance system is a case system that is determined and uniformly promulgated by the Supreme People’s Court and the Supreme People’s Procuratorate and has a guiding role in national trial and prosecution work.The administrative case guidance system is a typification of the case guidance system,and in theoretical logic,it inevitably continues the basic framework of the case guidance system.Therefore,the administrative case guidance system should be a collective term for a series of guiding case creation procedures and related norms with administrative guiding cases as the core,confirmed by the Supreme People’s Court and the Supreme People’s Procuratorate,and having certain binding force on lower level courts and procuratorates.The role of the administrative case guidance system is to supplement administrative legislation,consolidate the constitutional foundation of China’s judicial system,achieve the localization of China’s administrative rule of law,maintain administrative judicial fairness,and improve administrative judicial efficiency.The administrative case guidance system has four typical characteristics: the standardization of the case generation process,the administrative nature of the operating mechanism,the management of the functional exertion,and the slow growth of the number of cases.At present,there are typical problems in China’s administrative case guidance system,such as the urgent need for breakthroughs in institutional construction theory,incomplete case selection system,unclear case effectiveness,and disorderly case compilation;The reasons for the typical problems mentioned above in this system lie in the shift of theoretical research focus,underdeveloped case production technology,disputes over the effectiveness of administrative guidance cases,and a lack of guidance in compilation.To improve China’s administrative case guidance system,it is first necessary to strengthen the basic theoretical research of the administrative case guidance system,break through the limitations of inherent administrative law theories,and expand the research boundaries of the administrative case guidance system;Secondly,we need to improve the system for selecting administrative guidance cases,optimize the source of administrative guidance cases,adjust the selection criteria for administrative guidance cases,and streamline the recommendation process for administrative guidance cases;Thirdly,it is necessary to clarify the effectiveness level of administrative guiding cases,the basic provisions for the effectiveness of guiding cases,and the degree of guidance when guiding cases are applied;Finally,it is necessary to improve the compilation quality of administrative guidance cases,refine the compilation standards,unify the internal compilation format of judicial organs,and strengthen guidance on compilation activities.