Civil Law Jurisprudence Of The Administrative Case Study

In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts. The spirit of law is affected in a precedent and the related precedents consist of the case law. The case law is one of sources contracts to statute law. Precedents which are made by supreme courts have legally constrained force to lower courts. In spite that statute law grows so much in recent years, covers more fields; case law still has strong impact in law system. It is up to adoption and reform of case law which makes tradition of case law succeed in long history.The administrative precedent is administrative judgment which established on truth of fact and law. When deciding subsequent cases with similar issues of facts, administrative precedents have legally or factually impacts. Generally speaking, the courts which made the first authentic decision should also abide to precedent. In French, the Supreme Court has right to change judgments to be precedents. In Germany, the final judgment which is published by the federal constitution court has constrained force as precedent. In Japan, the highest administrative court is the authority to determine the final validity of the administrative precedent. However, administrative precedents not only have its basic value as other precedent but special value as well. As to basic value of precedent, it helps to make up for rigid of the statute law and realize certainty and predictability of laws. What's more, administrative precedent will reasonably clarify judicial right and administrative right and balance public benefits and private interests.The continental law legal system has its roots in Roman law. The legal systems in many continental law countries are based around one or several codes of law, which set out main principles that guide laws. Courts thus have to reason extensively on the basis of general rules and principles of the code, often drawing analogies from statutory provisions to fill lacunae and to achieve coherence. Maybe it is another way around. Precedents do have effects in the practice process of law in the continental law countries anyway.Even though statute laws are the main resources in continental law legal system, precedents play an important role in practice of main principles usage. In the continental law countries, the uniform written laws are in no way to be set up. Thus, basic administrative principles can't be clarified and united by code laws, either. Precedent is the best way to help realize the purpose of it.Independent administrative legal systems which are set up in French, Germany and Japan control judgments of administrative courts. The supreme administrative courts have final authority to decide final effect of cases. These courts regulating administrative judgments only do not mean to be special courts belonged to administration. Actually, they are parts of legal systems. The effects of judgments of administrative cases are uniformed in juridical way.The effects of the administrative judgments are not indicated in citations of judges, but principles which are established in one case are referred repeatedly. In another way said that judges admit practically constrain forces of administrative judgments. The repeated principles will be adopted to be parts of statute law when it is well-timed.