A Study On The Guidance System Of Administrative Cases In China

In 2010, the guidance on the work of the provisions of the case, the introduction,marking the formal formation of case guidance system. As an important part of the case guidance system, the administrative case guidance system carries the general basic theory of case guidance system, but the guiding case is different in the administrative,criminal and civil fields. The difficulties encountered in the application of administrative guidance cases are only a microcosm of the development of the case guidance system. The root of the problem lies in the system of case guidance system established in the Provisions. Studying the administrative case guidance system not only helps to improve the administrative litigation and improve the efficiency of the trial of administrative cases, but also will have an important impact on the future development of China’s case guidance system.It is necessary to study the guidance system of administrative cases and to guide the content and system of the case guidance system in order to put forward some practical suggestions for the administrative case guidance system. Because our administrative case guidance system is still in the early stages of development. Therefore, drawing lessons from the development experience of the administrative judicial precedent system can be regarded as the path of perfecting our country’s administrative case guidance system. By summing up the application of the administrative guidance cases in the past six years, the author sums up the insufficiency of the administrative guidance cases, the insufficiency of quantity,the small number of references,the slowness of renewal, Local differences, the security mechanism is not perfect and so on. In general terms, that is, administrative guidance cases in the selection mechanism,the application of security mechanisms, the effectiveness of disputes and other issues. At the end of the article, based on the current situation and problems of the application of administrative guidance cases and the specific judicial practice in our country, the countermeasures of perfecting our country’s administrative case guidance system are discussed. At the level of effectiveness, the author mainly hopes to reach the consensus of confirming the effectiveness of the administrative guidance cases by perfecting the applicable guarantee mechanism, combined with the rigid rules, through a large number of judicial practice. In the selection mechanism, the article mainly proposed to expand the release of the main body,which is to allow the High People ’s Court issued an administrative guidance cases, the establishment of special administrative guidance case selection committee. In the perfection of the applicable safeguard mechanism, it mainly discusses from the angle of the vocational training of the legal worker, the guide case reference mechanism and the administrative case departure reporting mechanism.In general, the development of the administrative case guidance system is not optimistic.In answering the difficult problems encountered in the judicial practice, it is not only related to the guiding value of the administrative cases, but also the development of the overall case guidance system. Will have an important impact.