Consideration Of The Principle Of Reservation Of Law As The Perspective Of Executive Legislation

As the core concept of administration according to law, the principle of reservation of law is first created by Otto-Meyer, the originator of Germany administrative law in 19th century, and developed as a constitutional tool. Its original purpose is when the executive authorities interfere in the individual freedom and property rights, must be expressed in legal form on behalf of agencies endorsed. This is the classic representation of the meaning of Germany's "no legal principle that non-executive", essence of this principle require the exercise of executive power must be under the supervision of the legislature, and without the consent of the legislature on the executive power shall not be exercised, and administrative acts shall not conflict with the law. So it reflects the legislative constraints on executive power, also reflected in public opinion. With the continuous social and economic development, China's legal construction has also made significant development, legal protection of the rights for the more comprehensive, while the people's right to continue in the awakening of consciousness. But it is a long time the principle of legal reservation did not receive due attention, affected its practice in the executive and the legislature to play its guiding role to implement the spirit, so that there are many of China's violation of the law retained the principle of legislative behavior.The principle of legal reservation is to maximize the protection of the legitimate rights of the people, and is the premise of the rule of law and state administrative prerequisite for administration according to law. To retain the meaning of the principle of the law can be summed up as a legal principle is to ensure the will of the people to retain the authority of established principles, civil rights and obligations in relation to such matters, only the law expressly authorized by the executive authorities in order to implement corresponding activities.The principle of legal reservation is the result of a long struggle against the rule of law and the rule of man. In the era of absolute monarchy, the monarch set the legislative, judicial and one, people have no basic rights.Only after the 18th century Enlightenment,the "natural rights", "freedom and equality" concept was deeply rooted among the people demand constitutional monarchy, to control the right of the king of the exercise of the state, have the legal preservation of the survival of the soil, is also reflected respect for human rights and democracy and the rule of law dedication. Therefore, the principle of legal reservation is established as the legal basis by the principle of rule by law, democratic principles, fundamental rights protection principles, the principle of separation of powers.Theories of the principle of legal reservation, with the scope of application to retain the principle of expansion is continually updated with, with the expansion of administrative areas and social strengthening of the main dependence on the executive, its new theoretical standards are constantly emerging, so from the perspective of traditional theories of specific analysis, there are theory of infringement reservation, theory of all reservation, theory of importance reservation, theory of parliament reservation, theory of authorities reservation. In order to better play the role of the executive, legislature and the executive level to improve and better implement the principle of legal reservation, need a clear distinction between legislative and executive power to legislate. Under the guidance of the principle of legal reservation,the chief legislative power is divided into local government from the State Department to the different levels of executive and legislative authority. In this paper, reeducation through labor system as an example of the principle of legal reservation to descripe our executive and the legislature in the development and vicissitude. From the relevant provisions of the system of reeducation through labor can be seen the principle of legal reservation in the executive and the legislature in our country did not get a thorough understanding of all implementation, which often led to abuse of administrative power to legislate, some violation of the Constitution and superior law, violations of civil the rights of the executive and legislative often exist. Retained by the principles of foreign law theories and institutional change are introduced and the principle of legal reservation in our executive and the legislature in the development and vicissitudes, we can see that our executive and the legislature to retain the principle of law applicable to the defects. The principle of legal reservation in the country not pay enough attention to constitutional and legal principles of law has not been retained systematic comprehensive provisions, the lack of constitutional review mechanism and the declaration of the constitution of the judiciary is far received independent status,these reasons led to our executive and legislative deficiencies. These shortcomings include the executive and legislative lag, the scope and content of the executive and the legislature not clear, the legislative process of public administration degree and not enough participation, rights and obligations of the executive and legislative configuration on uneven and there is no comprehensive system of executive and legislative oversight. Finally, this paper presents propose application of the principles of the law to retain the recommendations in the executive and the legislature. To establish special administrative legislative oversight committee, full implementation of the principle of legal reservation is innovation of this paper, bold design by the legislative bodies at all administrative levels of the executive and the legislature to establish the appropriate oversight committee, were the legislature to exercise oversight of the various levels of administrative rights, the establishment of executive and the legislature's prior monitoring system, with specialized technical review of administrative legislative proposals, administrative legislation against illegal cases, improve the quality of administrative legislation. The establishment of the executive and the legislative process, public participation in the system, strengthen the legislative level of democracy, standardize administrative legislative procedure. Incorporate the citizens' right to apply administrative project the scope of the legislation law, to protect the citizens as the status and rights of administrative activities is the main innovation of this paper. Need to improve the executive and legislative oversight authority supervision, administrative organs, judicial supervision, civic organizations, individuals and groups to improve several aspects of the supervision. Believe that proposals can advance to retain the principle of administrative law applicable legislation from modest means.