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随着大陆法系与英美法系的日趋融合,行政判例制度在两大法系的法律制度中都被采纳,并发挥了重要作用。我国作为成文法国家,尚未建立正式的判例制度,判例不是我国的法律渊源。但是法院的判决在事实上正在起着越来越重要的指导作用,本文认为建立行政判例制度,将这种事实规范化、制度化,有助于弥补成文法律规范不足,节约立法执法司法成本,促进行政法律法规的更新。
With the gradual integration of the civil law system and Anglo-American law system, the system of administrative jurisprudence has been adopted in the legal systems of both legal systems and played an important role. As a civilized country in our country, our country has not yet established a formal precedent system, and its precedent is not the source of our country’s law. However, the judgments of the courts are actually playing an increasingly important guiding role in fact. In my opinion, establishing the system of administrative jurisprudence, standardizing and institutionalizing such facts, can help to make up for the inadequacy of written laws and regulations, save the judicial costs of law enforcement, and promote Administrative laws and regulations update.