论文部分内容阅读
行政立法的滞后已经成为我国目前经济增长、社会变革的严重障碍。成文法与判例法各有利弊,资本主义两大法系逐渐融合,这是对两种法律渊源利弊取舍的理性选择。目前在我国,成文法仍作为唯一法律渊源,判例不具有法律效力。因此应重构我国的行政法律体系,赋予行政判例的法源地位。建立我国行政判例制度会面临重重困难,当然也存在着有利条件。目前,我国急需进行司法改革,提高法官的整体素质,加强行政审判的组织建设,设立我国行政案件的采集和发布机制。
The lag of administrative legislation has become a serious obstacle to the current economic growth and social changes in our country. Both the pros and cons of statutory and case law have advantages and disadvantages, and gradual integration of the two legal systems of capitalism is the rational choice of pros and cons of the two sources of law. At present in our country, statutory law is still the only source of law, and the case does not have legal effect. Therefore, we should reconstruct our country’s administrative legal system and give the legal status of administrative jurisprudence. The establishment of China’s administrative jurisprudence system will face numerous difficulties, of course, there are also favorable conditions. At present, our country urgently needs judicial reform, improves the overall quality of judges, strengthens the organizational construction of administrative trials, and sets up the collection and distribution mechanism of administrative cases in our country.