To meet the demand of current system reform, cater to need of civil rights, prevent and supervise the abuse of discretion and fulfil the beneficial interact of administrative theory and practice, we have every necessity to establish the system of administrative precedent.
Moreover, the tradition of our legal precedent, measure of supreme people's court publishing cases, improvement of judge's quality, and reform on legal document in all provide advantageous conditions for the establishment of administrative precedent system.
A system of administrative cases with its own characteristics is needed to establish in China. We should borrow the experience of continental law system and create a mode between administrative cases and administrative case law.
The first part of preface mainly summarized the domestic and foreign research in the administrative legal precedent in present situation, as well as vital significance of establishing administrative legal precedent system to our country's administrative jurisprudence theory and administrative proceedings practice.
therefore, our country also should establish the administrative legal precedent system. The present writer advocated our country should establish the administrative legal precedent system as a starting point, adopts on the crosswise Chinese and foreign comparative analysis method, on the longitudinal history comparative analysis method, and unifies Chinese reality to elaborate the necessity and the feasibility of China establishing administrative legal precedent system, finally proposed China should establish under the written law leadership the administrative legal precedent system.