On The Principle Of Reservation Of Law

The principle of law reservation was put forward firstly by Germany scholar Otto Mayer in his book of German Administrative Law in 1895. It has been an important and unique legal principle in the process of administration by law because it can better embody the nature of administration by law.The principle of law reservation aims at avoiding administrative violation to legislation, maintaining effectiveness of law regulations and preventing that legislative organs are negligent in exercising their power and indulge administrative power at the same time. So the principle can play an important part in the protection of the fundamental rights of citizens.The principle of law reservation has experienced great changes in modern times since it emerges. The scope of law reservation has extended from administration violation to internal administration and benefits administration and so on. Now the principle has been introduced to china, and accepted by parliamentary law and administrative legislation. It has also been gradually paid higher attention in administrative judicial practice, however, many malpractices are still existed.This article will study the theory of the principle of law reservation, and intend to put forward some measures and proposals on formulating and improving the system of law reservation in China.In addition to preface,the content of the article is composed of five chapters。The first chapter discusses the legal reservation of the basic theory, background and scientific location of the origin and analysis of the legal reservation of the substance.The second chapter introduces and analysis of some theories about the scope of law reservation.The third chapter analyses the application of legal reservation in the specific areas of administrative.The fourth chapter pointed out that the legal principle tries to keep in upholding civil rights and to find a balance between administrative efficiency.The fifth chapter points out the problems of our country, and put forward some suggestions for improvement.