德国行政诉讼中的统一法律见解制度及借鉴

Germany's Unified View of Legal System in Administrative Litigation and its Enlightenment

德国作为典型的大陆法系国家,实行联邦和州的司法系统,为避免法律冲突的危险性,在行政诉讼领域建立了统一法律见解及法官造法程序制度,为保持法律的统一性和为法官造法提供合理有效的程序提供了一种诉讼机制,这对我国的法律统一适用机制的改革和完善具有积极的借鉴意义。

As a typical civil law country, Germany implements a judicial system of federal and state, in order to avoid the risk of conflict of laws. In the field of administrative proceedings, a unified legal opinion of judges and law-making process system has been established, providing a legal mechanism so as to maintain the unity of law, to supply a reasonable and effective procedure for judge-made law. This mechanism offers a positive reference to China＇s reform and improvement in the practicalities of the unified legal system.