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判例法具有灵活性,能够弥补制定法抽象僵化的缺点。行政发展迅速,立法滞后相对更为突出,在行政领域实行判例法意义尤其重大。扩大行政诉讼受案范围,能极大推动民主,可作为实行行政判例法的切入点。我国长期推行案例指导制度,事实上法官扩大解释了行政诉讼法的受案范围并产生了示范效应。我们应借鉴大陆法系国家实行行政判例法的经验,通过司法解释确立案例的法律效力扩大受案范围,并将此作为实行行政判例法的第一步。
The case law has the flexibility to make up for the shortcomings of the abstract rigidification of the statute law. Administrative rapid development, the relative lag of legislation is more prominent, the implementation of case law in the administrative area is particularly significant. Expanding the scope of accepting cases in administrative litigation can greatly promote democracy and can serve as an entry point for the implementation of administrative case law. In our country, the case guidance system has been implemented for a long time. In fact, the judge expanded the scope of the acceptance of the Administrative Procedure Law and produced the demonstration effect. We should learn from the experience of civil law jurisprudence in civil law jurisdictions and establish the legal validity of the case through judicial interpretation so as to expand the scope of the case to be accepted as the first step in the implementation of administrative case law.