Defining Standard, Basic Contents, Judicial Application Of Basic Principles Of Administrative Law: Based On The Provisions

In line with the basic principles of administrative law can be applied under the current system, enhance the academic consensus on the purpose, the author using standardized methods of Marxism, from the reality, through "General Provisions Act, sub-section basis for law absorption of the merger of the basis of" standard definition of a There are three basic principles of administrative law, namely: the principle of administrative legality, administrative and reasonable principle of administrative law principle of equality. At the same time the author in the text for these three principles were also listed in the "General Law on the basis of article" and the "Law of sub-section basis" for the purpose of the design in this writer under the initial stage, mature stage of the basic principles of administrative law applicable to lay foundation. So that the basic principles of administrative law applicable in very busy "case system", the one based on the existing legal norms to find a more economic and easy way.Paper is divided into four parts, each part of the main elements are:Part I: discussion of the basic principles of administrative law the definition of standards. Proposed method based on the norms of the "General Principles of the Law-based + base + sub-absorption of the merger of France" as defined in the basic principles of administrative law criteria: first, "General Principles of the Law-based" refers to the general part of the basic administrative law, or constitutional found in accordance with; "sub-legal basis" means that the principle should be the basic administrative law reflected in sub-clauses. To become a basic principle embodied in the norms on the basic legal department is the specific legal provisions should be more reflected in the implementation and requirements. Second, we must become the basic principles of administrative law, must also satisfy the "General Law on the basis of article" and the "Law of sub-base" conditions, only one person, and can not be called to meet the basic principles of administrative law; and third, not only In a basic administrative law, to meet the "General Law on the basis of article + Act in sub-section basis" standard, and must be the principal administrative law in various ministries to meet this standard, otherwise it is just the specific principles of administrative law, rather than the basic principles of administrative law; Fourth, summed up the basic principles of administrative law should focus on "absorption of the merger," meaning if a basic principle may include other administrative law principles, then it should only be summed up the basic principles of administrative law and discarded others.Part II: Discussion of the main elements of the basic principles of administrative law. The "General Law on the basis of article base sub-absorption of the merger of France" as defined in point, our country has three basic principles of administrative law: the principle of administrative legality, administrative and reasonable principle of administrative law principle of equality. The absorption of the principle of streamlining the standards-based, administrative principle of legality has absorbed the principles of ultra vires is invalid, administrative responsibilities consistent principles, procedures, legal principles, the principle of legal reservation, the law places the principles of priority, respect and protection of human rights principles, protection of civil rights and the principle of freedom; the Principle of Reasonableness absorbed the principle of proportionality, trust and protection principles, the principle of administrative efficiency, administrative justice principles; administrative law principle of equality in public administration principles, the principle of administrative fairness.In addition, this section focuses on the basic principles of administrative law, administrative law as a principle of equality. It has two elements, one administrative body and the executive between the relative equality, the relationship between the two sides should be equal in fact, corresponding to, and do not and so on, in the past that the Chief of the main reason why scholars of administrative law and administrative counterpart inequality, is mainly confused "reciprocal" and "equality" the two concepts. Administrative law principle of equality and some content is in the other administrative...