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The Research On Principle Of Law Reservation

Posted on:2009-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YinFull Text:PDF
GTID:2166360242981706Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of law reservation, a fundamental principle in public law, is meant to eliminate actions in a self-serving manner of administrative authority within some specific area.Its function is to distinguish congress legislation and administrative legislation and avoid infringe on legislative power by administration behaviour. Also, with the development of law reservation principle, it functions as preventing negligence by legislature in legislation process.In spite of the significance of law reservation principle,the study on it began late and has not been conducted adequately in China,forming a striking contrast to the highly emphasis of it in Taiwan area and abroad.We should fully realize the importance of law reservation principle and, based on the mature theory in Taiwan area and abroad, strengthen the study on its localization.In view of this, this dissertation studies on law reservation principle in the following five parts.The first part is about basic theory of law reservation principle,including definition,concept,contrst to other law priority principles.The second part is about the legal principle theory of law foundation of law reservation principle.The law reservation principle, influenced by the Enlightenment and free constitution movement in Europe,was put forward in the nineteenth century.The law reservation principle has profound theoretical basis,including"rule by law",democracy principle, principle of separtaion of powers, basic human rights principle, and newly-advanced functional structure theory.The third part introduces the theories of scope of law reservation and gives brief comment.There are much theories of law reservation scope,among them are several influential ones:encroach reservation theory, full reservation theory, importance reservation theory, congress reservation theory, power reservation theory, etc.The fourth part is about application of law in paying administration. Paying administration is a hot study object in the contemporary law reservation field, and there has been much heated debate on the reservation of it. This part includes study on the follwing problems: reason for law reservation in the field of paying administration, relation between law reservation and free judgement in administration, how to coordinate the relation between paying administration and emergency administration power in the presence of law reservation principle.The fifth part gives an introduction of the practice of law reservation principle in China.The content includes the existence of law reservation principle in China's legislation, its significance to legislation, deficiency of the principle's practice in China and the reason for it.
Keywords/Search Tags:Law Reservation, Theoretical Basis, Scope, Practice in China
PDF Full Text Request
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