On The Administrative Guiding Cases System Of China

The guiding system of administrative cases is that the Supreme people's Court,in order to sum up the experience of judicial work in a timely manner,direct the people's courts at all levels to try,unify the judicial standards and adjudication standards,and standardize the discretion of judges.A judicial system with Chinese characteristics to give full play to the role of administrative guidance cases.The implementation of administrative case guidance system is a judicial response to the phenomenon of "different judgments of co-cases" in administrative litigation.The administrative case guidance system includes the main body,selection criteria and effectiveness orientation of the guiding cases.The system of administrative case guidance is different from that of other countries,and the case of administrative guidance is different from the case law.A case of administrative guidance is "judge",is a summary of the legal rules of thumb instead of law,rule of thumb,the case has legal status,administrative guidance case focuses on reasoning,not a judge trial basis,sum up the differences in many aspects.The administrative case guidance system with uniform law applicable standards,discretion the right to regulate the judge,improve judicial efficiency,to fill the lack of administrative legislation and the promotion of justice and other functions.Since the implementation of the administrative case guidance system,release and judicial administrative guiding cases should be used in the situation is not optimistic,the formation of the administrative case guidance system with enthusiasm and expectations theory Compared with the judicial practice of administrative guidance cases,the actual needs do not adapt.Just as the life of the law is enforced,the life of the guiding case is not in the execution and application.There are some problems in the administrative case guidance system,such as broad selection criteria,small number,single subject,unclear positioning of effectiveness and imperfect mechanism of safeguard supervision,and so on,which should be solved in theory and practice.This paper is to promote the judicial application of administrative guidance cases,give full play to the role and effect of administrative guidance cases as the original intention,study the meaning of administrative guidance case system,the problems in judicial practice and its causes,and improve the countermeasures.And so on,trying to find problems,analyze problems and solve problems,hoping that the new thing of China's administrative guidance case system can develop better in the combination of practice and theory.In the cooperation with relevant laws to promote the construction of China's socialist society ruled by law and realize its own value.The main body of this paper is divided into four parts,one is to study the general theory of administrative case guidance system in China,the other is to analyze the function and value of administrative case guidance system in China.The third is the development of the administrative case guidance system in China and the difficulties in judicial practice,and the fourth is to analyze the relevant problems and find corresponding solutions.In the first part,it begins with the general introduction of the administrative case guidance system,including the guiding case,the administrative guidance case and the meaning of the administrative case guidance system,and then introduces the main contents of the administrative case guidance system.Comparison and Analysis of Administrative case guidance system and case Law system Finally,it analyzes and defines the legal status of administrative guidance cases.In the second part,the author introduces the functions of the administrative case guidance system,including standardizing the discretion of the judge,promoting the judicial justice,improving the judicial effect and filling up the insufficiency of the legislation,which embodies the value of the administrative case guidance system.In the third part,first of all,it analyzes the current situation of administrative guidance cases,including the situation of publication and application,and then analyzes the related problems,including the selection criteria,the number of cases,the subject of publication,the positioning of effectiveness.Application of safeguards and supervision mechanisms and other aspects of the problem.In the fourth part,in response to the third part In order to solve the problems in theory and practice and perfect the guiding system of administrative cases,this paper puts forward some countermeasures to solve the problems.