The Principle Of Proportionality In The Usa And France

The proportionality is an important principle to measure the public power and private power. In countries and regions with well-developed legal system, like Germany, France and some other EU counties, the relevant research has been conducted maturely, with rich theoretic accumulation and practical experience. However, the research on Proportionality in American laws is relatively less to be conducted. In mainland China, although the research on Proportionality has been booming recent years, there are few discussions on value-orientation and culture foundation, and those discussions are limited in the scope of special administrative law. This thesis discusses the generation, development and application of Proportionality on American laws, analyzing the concrete application and reflection of Proportionality in American Constitution, Administrative Law, Civil Law, Criminal Law, Civil Procedure Law and Criminal procedure law. Consequently, it makes sense for our country to refer to the proportionality principal to improve our socialistic state legal system.