analysis of the administrative law principle of proportionality（比例的行政法原则的分析）.doc

Analysis of the administrative law principle of proportionality Abstract: the principle of proportionality is called the “field of public law softener” in many countries have been established as the administrative rank or even constitutional rank, in the modern administrative law, but also to highlight its importance, but in our country, and there is no clear in principle that the executive and legislative in this paper to control the perspective of administrative discretion, the principle of proportionality analysis of the concept of origin, through the discussion of the shortcomings of administrative discretion, highlighting the need for the introduction of the principle of proportionality, and briefly introduced China legislative and administrative status of the application of the principle of proportionality. Keywords: principle of proportionality of administrative discretion controlling one define the concept of the principle of proportionality (One meaning of the principle of proportionality and the principle of proportionality applicable in the field of constitutional context, first consider the effectiveness of the means, and then select the smallest infringement of civil rights means to achieve the same goal to achieve the objective and finally must also be of interest overall discretion. means to achieve the goal of this study is too much higher than the value of achieving this goal by means of applicable personal property of citizens basic rights such as the value of the damage. ① China’s existing legal norms, the principle of proportionality is not clearly defined, but the principle of proportionality in the field of public law is widely applicable, and some scholars call “the field of public law softeners” such as criminal law “crimes fit” principle, procedural Start the program and evidence in the adoption of the principle of proportionality, also reflects the addition, the principle of proportionality in the field of private law is also r