Law To Retain The Principle Of Localization In China

The thought governed by law of the content summary rises, it is asubject receiving much concern that the law keeps the principle, it aimsat maintaining the effect of legal norm, prevent the administrativebehavior from infringing the authority of the legislature, also takeprecautions against the legislature and delay to exercise authority at thesame time, does not interfere the behavior of the administrative organ.As to the protection of the rights of people, confirm the order legislatingwith administrative power has great meanings, law department of variouscountries law practise and exert a very positive influence too to continent.In order to defend the citizen's fundamental right, the effective normrestricts the executive power, we belong to administrative law circles,should realize the law keeps the principle and restricts the importantfunction that the executive power plays on the norm, on the basis of drawinglessons from foreign ripe theory, pay close attention to the study on itslocalization, intensity that range and law that should especially putdifferent administrative field laws in order and keep keep. In view of this,this text make one discussion on the relevant issue of what the law is kept,article except that introduction and conclude the speech and will bedivided into three parts altogether.Part one,Introduction.Part two,Explain the theoretical question of keeping the principleof the law. The article uses historical analysis and comparative analysismethod, has obtained the general concept that the law keeps. It is Otto&8226 that the law keeps the principle; Make one of the contents of theadministration according to law principle put forward under the backgroundin constitution of the wheat in the constitutional monarchy, it is one ofthe theory that France runs a country a basic conception. On the basis ofdistinct concept, explain the establishment standard of keeping the rangeof the law, and then summarize the range that the law keeps out. Including: Encroach on, keep, say, all keep, say, society keep, say, power keep say,person who say several kinds, theory of importance and function of organ.Part three,The visual angle is orientated as our country. It isanalyzed that the law of our country keeps the theory state of the principle.The theory of scope of application of keeping the principle of the lawshould adopt the importance theory at present in our country, itsapplicable density should involve law, The law should include involvingthe right of the person while keeping the applicable field, administrativeactivity fields such as the proprietary, right of labour, education right,political right, administrative procedure and Legal reservation prncipleand also requires the law must be clear, so as to ensure the administrativeright is exercised fairly and rationally. Society in develop, law keeptheory of principle appear new tendency that grow with each passing hourtoo. Its value orientation is from the right of controlling to ensure theright to be free Legal reservation prnciple and moved towards progressivelygenerally being concrete, its structure is relaxed progressively too.According to the evaluation and analysis of relevant laws to "legislativelaw", can find out the law keeps the principle there is much embodimentin our country's administration rules by law.Part four, to the reality of our country. It is analyzed that the lawkeeps the realistic state in our country of principle. The law keeps theprinciple to already introduce on our country's theory. But we payattention to it in theory it is not enough, it is extremely limited to causeit in practice guide. It should be helpful in order to give full play topractice governed by law of administration of this sense of principle. Wecombine our country's concrete actual conditions on the basis of absorbingforeign advanced experience, establish the security mechanism that the lawkeeps, is in the hope of really realizing the value that the law keeps,promote the realization of the socialist country governed by law.Part five, Conclusion.