判例法制度与现代行政法治原则的契合

Conformity between Case Law System and Modern Administrative Principle of Rule by Law

缘于判例法制度对行政法治原则贯彻落实的正相关作用,判例法制度在国外被推崇至极高的地位,成为行政法治原则实现的制度保障设置。在中国大陆,主张践行行政判例法制度的理论观点亦成为较多学者的共识。行政法治原则对法律制度的诉求,是判例法制度建构的现实基础和动力基础。判例法制度与现代行政法治原则在外在形式、建设途径、价值追求和制度保障等四个方面是契合的。

Case law system,because of its positive role in implementing administrative principles of rule by law,is highly lauded in overseas countries and has become an institutional guarantee for the realization of these administrative principles.In China＇s mainland,the idea of practicing administrative principles of rule by law has also become a consensus among scholars.Its call for legal systems serves as a realistic foundation and driving impetus for the establishment of case law system.To be exact,case law system conforms to the modern administrative principles of rule by law in terms of external appearance,ways of construction,value pursuit,and institutional guarantee.