On The Principle Of Reservation Of Law

The principle of law reservation is a fundamental requirement of administrative power by the systems of democratic constitutionalism. This principle was introduced to the sphere of administrative punishment in China by the Law of People's Republic of China on Administrative Punishments for the first time, and its function of regulating and restraining the administrative power has then gradually been recognized by the general public. However, such knowledge as the definition, values and regulating scope of this basic principle remain insufficient, thus its function to guide the administrative legal practice is still limited. Therefore, it is pressing in practice and necessary in theory to establish and improve the system of law reservation in China.Currently the system of law reservation in China has been basically established, but there are still many inadequacies which are considerably harmful to protection of the citizens' rights and the furtherance of administration by law. Therefore, this article mainly aims to make theoretical deliberation on the improvement of the system of law reservation in China based on the above circumstances.The principle of law reservation functions to define the power of legislature and administration and plays an important role in protecting the legal rights of citizens and regulating the administrative power, which determines its irreplaceable important status in the process of administrative legal systems. This article intends to put forward some measures and proposals on formulating and improving the system of law reservation in China through a comparison analysis on such systems in the relatively developed countries by a method of combining theoretical discussion and practical analysis.In addition to the preface, this article comprises six parts:The first chapter discusses the definition and values of the principle of law reservation and analyses its theoretical foundation.The second chapter explores the scope of application and categories of the principle of law reservation.The third chapter sheds light on the criteria for determining the scope of application of the principle of law reservation and the criteria for determination of it in China.The fourth chapter focuses on the regulations on the principle of law reservation in China and puts forward relevant measures and proposals.The fifth chapter illustrates the research on application of the principle of law reservation under the new environment.