The administrative litigation case guidance system:Problems and solutions
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D925.11

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    Abstract:

    The administrative litigation guidance cases have the function of unifying judicial scale and defining legal norms. At present, the Supreme People's Court's selection of administrative litigation guidance is poor in referee points refining and "sick" in serious condition, and also it despises the right relief thought seriously and simply repeats regulations or judicial interpretation, so that its function is far from case guidance. To this end, strengthening the research of guiding cases from the depth and breadth to improve the refining level, establishing guidance case publicity system to prevent the "sick" ones to be selected, insisting on the right relief orientation to correct power supervision target preference, and outstanding the guiding function of referee points to avoid regulations and judicial interpretation repeating are all improvement paths for reflecting the function of guiding cases.

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邵栋豪.行政诉讼案例指导制度:问题与出路[J].重庆大学学报社会科学版,2017,23(6):102~110

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History
  • Received:June 12,2017
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  • Online: November 02,2017
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