| With the establishment of the socialist legal system with Chinese characteristics, a large number of written law by the department of sexual perfect marks the legal system construction and a higher level. In the field of administration, the administrative legal relationship involves all aspects of society, it is difficult to form a unified statute law, and the lag of enacted law itself, the role of administrative case guidance system is more prominent. On November26,2010, with the supreme people’s court issued a "about the regulation of case instruction work"(hereinafter referred to as the regulations) marked by theoretical and practical circles have been exploring the case guidance system with Chinese characteristics really established, which makes the case guidance system, standardized and institutionalized. Under the wave of judicial reform in China, although more and more attention to research on administrative guidance of the case, but as a result of administrative case guidance system is still in its primary stage, the administrative guidance of case selection criteria and procedures are set by the rough regulation, it brings to the system of the implementation of the barrier, so this paper mainly analysis in the present judicial environment, administrative case guidance system at the system level and is suitable for the problems of administrative trial practice, and based on this, advances some Suggestions on perfect.The first part mainly introduces the administrative case guidance system in our country is step by step, how to generate. First from the background of the system, then introduce of administrative case guidance system from ancient to modern times in the whole development course of administrative case guidance system is not achieved overnight, but after a long exploration. System of the study of history in order to better understand now, the establishment of the original intention is good, but there exist some problems due to the system and the practice, the present situation of the implementation is not so ideal. The second part mainly expounds some basic theories of administrative case guidance system. First introduce administrative case guidance system with general administrative cases and administrative case system difference, repudiated the administrative case system in China’s legal system environment is not applicable, but administrative case guidance system with living space. Based on the regulations to explore the effectiveness of the administrative case guidance system, thought that administrative guidance cases have actually binding. Any a law, establishing the system of the value of its existence, administrative case guidance system is no exception. Avoid the "connection with different sentence", achieve fairness and justice; Improve efficiency, made the limited judicial resources to maximize its value goal. The third part is the analysis of the current system of administrative case guidance system in the problems of level and applicable. At the system level surface problems is the lack of the restriction of the principle of release, the main body of a single, formulation procedure is not standard, the selection of cases the application of the standard system of fuzzy, lack of supervision mechanism. In terms of applicable, due to the effectiveness of the case is not strong, the administrative instruction case known as insufficient, the existing administrative guidance case quantity is not enough, lead to the judges if the reference of the case have if have no, can’t play a proper role. The fourth part in view of the present problems of administrative case guidance system is put forward some Suggestions. On the one hand, from the system level, further refine the regulations such as join the legal principles and case selection of standard, strict unified initiative program, supervision mechanism, etc., the improvement of the theory can ensure the trial practice is correct. Theory ultimately are to be applied in practice, so the second aspect is used to further asked a judge to take the initiative to learn the research of administrative guidance, which is beneficial to administrative guidance case collection, also is helpful to judge more skilled operation. |
