Discussion About Construction Of China Administrative Judgment System

In the face of complex and ever-changing field of administrative law, whether common law countries, is a civil law country, case has been accepted by a growing number of countries. The two legal systems because of the different legal and cultural traditions, formed a separate system of administrative case. United Kingdom is the home of administrative case law system, system is the core of The Doctrine of administrative jurisprudence. United States generally inherited the United Kingdom common law tradition, has established a system of administrative case, but the United States adhere to The Doctrine of much less than United Kingdom. In civil law countries, although not a major source of law of administrative case, independent administrative court in continental law system countries, still have a higher legal status of administrative case. In our country, to compensate for the defects of the law, in response to demand rights and guarantee the unity of Justice, effective prevention and control of abuse of administrative discretion, it is necessary to establish a system of administrative case. Case history and traditions in China, cases guiding system and judges of the Supreme People’s Court promulgated the quality continues to improve, our build system with a certain degree of feasibility of administrative case. Construction of administrative case law system in China should be focused on China’s traditional legal culture and the development of the structure of the judicial system, the legal status, be good at learning from countries around the world system of the outstanding achievements of administrative case. China’s administrative system is persisted in the development of jurisprudence, case law, supplemented by mode, a complete set of systems developed by establishing norms of administrative case, contains the basic connotation, status and effectiveness of administrative case, the creation of conditions, creation of principals and procedures, the applicable rules and principles, modify the supervision measures, a complete set of the complaint system. In grasping the present situation of China’s traditional legal culture, legal and major countries in the two legal systems of developmental trends on the basis of the system of administrative case, explore a system adapted to the specific conditions of administrative jurisprudence, which conforms to the historical trend continued integration of the principal legal systems of the world, is China’s economic, political, social, and cultural factors put forward by the development of objective requirements.