论作为行政法渊源的行政判例

今天两大法系日益走向融合,判例法为许多国家所接受.判例法具备很强的灵活性和社会适应力,能够有效弥补成文法的缺陷,在行政法领域表现出明显的优势.然而,我国对于行政法这一最需要判例法作为正式法律渊源补充的研究不足.通过制定法与判例法之争的分析,论证行政判例在我国行政法渊源中确立的可能性.

On Administrative Case Law as the Sources of Administrative Law

At present,with the two legal system is gradually drawing closer and mixing together,the case law has been accepted by many countries.Because the case law has powerful flexibility and adaptability to remedy a defect of statute law,it occupies a dominant position in field of administrative law.However,such search is not enough in field of administrative law that needs the case law as the formal sources of law.This article tries to discuss the feasibility of administrative case law in china by analyzing the disputes between statute law and case law.