From Case To Case Guide

With previous decision to guide judicial practice, not only in the countries all over the world of ancient, along with the social progress and the rule of law development status are also growing. Due to the huge differences between historical culture in different within the framework of the legal system, in the countries with different even the same legal tradition, the case may show different levels of functionality. So, the case as the main source of "common law" and the enacted law as the main source of the division of "civil law" two big law system. Our country is the socialist legal system country, has always had written law tradition. In2005, the supreme people’s court,《the people’s court for a second five-year reform program》 in the first time in a formal way of official documents clearly and definitely the case guidance system is put forward. In the current law countries growing convergence, and complement each other, under the international trend of the case justice as an important part of the judicial reform in our country to introduce, to perfect the legal system of Chinese characteristics has become the common voice of the profession.In the field of administrative law, did not form a unified administrative law in every country in the world, the number of basic principles of administrative law and therefore could not be unified and clear, the only path to seek the solution, precedents "favor". Our current case guidance system because of its "status is not clear, efficacy is unknown" defects, can’t effectively play a role of guidance, only by a single statute law system more and more and more difficult to deal with administrative affairs, administrative legal relationship of the increasingly complex situation. Appropriate introduction of the administrative litigation system of Anglo-American law system countries is undoubtedly an effective method.In this paper, first of all, this paper expounds the related concepts of administrative case, on the basis of the major countries of two important legal systems are introduced the origin and development of administrative litigation system, as well as the practice of our current administrative case guidance system process and system defects. And in combination with judicial practice demonstrates the necessity and feasibility of administrative case system in our country apply, analyses the progress of judicial reform and the rule of law in our country will have the positive role of applicable feasibility and system. Finally it puts forward the current law system in our country within the framework of building is given priority to with enacted law, case law as the auxiliary system of administrative case specific idea, through the system upgrade, build with Chinese characteristics which accords with the situation of our country’s administrative litigation system.