| The traditional notion that precedents do not constitute a legal source is becoming outdated in China in the light of the experiences of various legal systems. The stare decisis doctrine is easier to be established and to play a role in the area of adm山strative law, which belongs to public law, than in the area of civil and commercial law, which belongs to the private law. The primary form of "administrative law precedents", which stem from the gazettes and judgements published by the Supreme Cburt in accordance with the Measures for the Promulgation and Management of Judgements, is already exerting an influence on the development of adm山strative litigation and the research on administrative law in China. It is time for China to officially accord precedents with the effect and status of judicial interpretation, improve their forms and procedures of promulgation, make the concrete rules for their applicadon, increase their numbers, and regulate their types. |
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