2015Journal of Fujian Administration InstituteRequires access

Administrative Case Guidance System:Problems,Ways and Prospects

Qian Wen

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Abstract

In the practical administrative enforcement,we are facing the difficulties and challenges of discretion benchmark's misalignment and anomie,and also the attraction and temptation from judicial case guidance system's vigorous growth.Useful explorations of administrative case guidance system as a new path that guarantees administration under law,are on the way in many cities and provinces.But as a nascent probing system in practice,it is faced with some specific challenges of insufficient study in such fields as basic theory,feasibility,outlet line exploration and practical use,which calls for the unity of administrative case guidance system in China.We should explore the specific design and reference application of administrative case guidance system,and make it return to the goal of administrative rule of law.

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What this paper is about

In the practical administrative enforcement,we are facing the difficulties and challenges of discretion benchmark's misalignment and anomie,and also the attraction and temptation from judicial case guidance system's vigorous growth.Useful explorations of administrative case guidance system as a new path that guarantees administration under law,are on the way in many cities and provinces.But as a nascent probing system in practice,it is faced with some specific challenges of insufficient study in such fields as basic theory,feasibility,outlet line exploration and practical use,which calls for the unity of administrative case guidance system in China.We should explore the specific design and reference application of administrative case guidance system,and make it return to the goal of administrative rule of law.

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Available abstract

In the practical administrative enforcement,we are facing the difficulties and challenges of discretion benchmark's misalignment and anomie,and also the attraction and temptation from judicial case guidance system's vigorous growth.Useful explorations of administrative case guidance system as a new path that guarantees administration under law,are on the way in many cities and provinces.But as a nascent probing system in practice,it is faced with some specific challenges of insufficient study in such fields as basic theory,feasibility,outlet line exploration and practical use,which calls for the unity of administrative case guidance system in China.We should explore the specific design and reference application of administrative case guidance system,and make it return to the goal of administrative rule of law.

Key concepts: Temptation, Discretion, Guidance system, Enforcement, Administrative law, China, Administrative discretion, Law enforcement

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