Administrative Law Principle Of Proportionality Study

The administrative power is necessary for a modern state to function normally and the unlimited use of the civil rights will lead to"anarchy or mob politics", so the civil rights must be restricted by the administrative power。However, the administrative power is typically a kind of state public power and as the core of administrative law, discretion is easy to be abused to infringe upon the civil rights, therefore, there must be restriction on the restriction on the civil rights by the administrative power。The principle of proportionality is to balance the relationship between state power and civil rights through"restriction on restriction", and finally to reach the aim of protecting the civil rights and achieving justice.。Therefore, this principle had won the honor of"principle of crown"and"emperor's clause"because of its function to control administrative discretion and protect the civil rights。It has been proved by the practice in many countries that the principle of proportionality has been played an important role in regulating the exertion of administrative power and protecting civil rights。The principle of proportionality is an important principle in administrative law of the developed countries,especially of the nations and districts of continental law system。Nevertheless, in China, the principle of proportionality has not been paid enough attention in academic field and there is even less embodiment in practice。At the same time, the abuse of discretion is threatening and infringing upon the civil rights。Therefore, it is of great importance to use the principle of proportionality in China for reference。.