论文部分内容阅读
从西方的法治发展来看,行政判例制度在行政法的发展过程中占有重要地位。但由于传统成文法思想的影响,我国目前并不承认行政判例的约束力,但实践发展却对行政判例提出了存在的必要。从理论和实践来看,我国目前存在施行判例制度的可能性和必要性,因而可通过一系列的制度改革,在我国建立起具有中国特色的判例制度。
Judging from the development of the rule of law in the West, the system of administrative jurisprudence occupies an important position in the development of administrative law. However, due to the influence of the traditional statute law, our country does not recognize the binding force of administrative precedent at present. However, the practical development has put forward the necessity of the existence of administrative precedent. From theory and practice, there is a possibility and necessity of applying the system of judicial precedent in our country. Therefore, a series of institutional reforms can establish a case system with Chinese characteristics in our country.