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在两大法系日益融合的今天,我国行政法仍然是以成文法为唯一法源,不承认行政判例的法律效力,但随着现代行政法律关系的日益复杂,尤其是WTO框架下以保障权利、限制权力为基础的司法理念的要求,单一的成文法制度已很难应对这一局面。而行政判例将有利于弥补行政诉讼不足、防止行政权力滥用、提高公民权利意识。因此,借鉴国外行政判例法的经验,在我国构建行政判例制度是非常必要的。
Today, when the two legal systems are increasingly integrated, our country’s administrative law still adopts the statute law as the sole source of law, and does not recognize the legal validity of the administrative precedents. However, with the increasingly complicated relationship between modern administrative laws and regulations, especially under the WTO framework, the protection of rights and restrictions The requirement of a power-based judicial concept and a single statutory system have made it very difficult to cope with this situation. The administrative jurisprudence will help to make up for the lack of administrative litigation, prevent the abuse of administrative power and raise the awareness of civil rights. Therefore, drawing on the experience of foreign administrative case law, it is necessary to construct the system of administrative jurisprudence in our country.