On The Judicial Application Of Administrative Practice

As a typical form of unwritten law,administrative precedent not only plays an increasingly important role in administrative activities and judicial practices,but also receives growing attention from the theoretical realm.However,its application in judicial practice is in a state where practice comes before theory.The application of administrative precedent does meet the requirements for administrative activities in the rapid development of the economy and society,and to some extent solves the problem of the absence of written laws.It exerts its unique effectiveness in practice,influencing multiple parties including administrative agencies,judicial agencies,and administrative counterparts.Although the Supreme People’s Court has recognized and affirmed the application of administrative precedent in judicial practice through typical cases and proposed a "respect" policy,it has not fundamentally resolved the chaotic situation of the application of administrative precedent in judicial practice.This article explores the concept of administrative precedent based on existing theoretical research,clarifying its legal status and effectiveness,analyzing and summarizing specific problems that arise in its judicial application,exploring the underlying reasons behind these issues,and proposing corresponding solutions for establishing a systematized approach to the application of administrative precedent.This provides theoretical materials for the institutionalization of administrative precedent and its judicial application.