| In recent years, the case for judicial reform to build the guidance system of hot spots. Supreme People's Court continues to issue a "People's Court Reform Outline" to build cases have emphasized the importance of the guidance system, and system goals. Have trial run around the court case of the guidance system for a variety of titles, but the lack of the Supreme Court of the unified arrangements of the ineffectiveness of the system and even lost the direction it ought to run. Numerous academic research perspective, but the distinction between regulatory action under the light of the specific research has little practical relevance, in the case of judicial guidance on the effectiveness and the selection criteria are also in trouble. This article focuses on the guidance system of administrative cases of the nature and legal status of the legal analysis and empirical study based on the first test case of Chongqing, the guidance system of the Chief High Court on the basis of efforts to solve the system practical implementation problems, thus the guidance system of an administrative case-specific construction vision. In this concept, the article is divided into the following sections:Introduction, an analysis pointed out that "the different co-contracting" phenomenon is a case of the guidance system lead to the executive power and administrative building of the original case of the guidance system in the system level and practical level utility function of expectations and reality. Second, is built on the distinction between regulatory perspective analysis of administrative litigation in similar cases under the different treatment levels of the administrative law and administrative cases and administrative proceedings the trial based on levels of the judicial system and practical dimensions of the three origins. Then the administrative case demonstrated the need to build the guidance system, pointing out that the guidance system of administrative cases of the slow progress in building the system and address the plight of the Road; the final analysis, this paper applied research methods and innovations.The first part of the guidance system of the administrative case analysis of the legal issues. First, an overview of case precedent to guide the evolution of case history and study the situation and to explain the content of administrative cases to guide the system; Secondly, the analysis pointed out that the guidance system of administrative cases of the nature of the existing judicial system for the innovative application of the law under the mechanism, clearly defined guidance system of the administrative case load of the main - the guiding effect of the fact that the judicial case of binding, combined with the judicial application of guidance on the administrative proceeding shall be binding on the fact that cases of subdivision;The second part of the "Chongqing Higher People's Court case on a trial basis to guide the work of administrative judges approach" was the blueprint for the analysis of textual analysis, combined with practical empirical case study to guide administration of the Court of Chongqing operation of the system state of the current operation of the system exists to reflect on the problem and cause analysis in order to further build the guidance system of administrative cases to provide practical support;The third part of the specific case of the guidance system of an administrative building program. For the system to build the integrity of the consideration, drawing on the High Court of Chongqing advanced system is designed to guide the system to build an administrative case of the "legal unity", "gradual advance" the basic principles; analysis pointed out that in the case of construction of the initial administrative guidance, guidance create the main case should include the Supreme Court and the High Court; analysis by guiding the selection of the scope of cases should be extended to administrative proceedings should select to receive and selection, publication and clean-up procedures; final guidance system to run an administrative case to protect the guiding precedents to be applicable assessment mechanism, monitoring mechanism and the departure from the reporting mechanism. |
