作为成文法国家,我国不承认判例在行政法中的法源地位。但司法实践却使行政判例事实上具有了法的效力。探求历史,行政判例法有其存在的现实基础和理论基础。权衡利弊,行政判例法的实施利大于弊。那么,剩下的问题就是中国如何进行行政判例法制建设。 As a written law country, our country does not recognize the legal status of jurisprudence in administrative law. However, judicial practice has actually brought the precedent of administrative law into effect. Seeking for history, administrative case law has its reality of the existence of the foundational and theoretical basis. Weigh the pros and cons, the implementation of administrative case law outweigh the disadvantages. Then, the remaining question is how China will carry out the construction of administrative cases and legal system.