The Principle Of Law Reservation In The Perspective Of The Service-Oriented Administration

The earliest proponents of the principle of legal reservation is Otto Mayer,who is the founder of modern administrative law in Germany.The principle of legal reservation has some flaws at that time,because it binds the executive,but not restrain at that time.With the changing times,the principle of legal reservation in the service-oriented administration still have the practical significance because of its binding to administration.The principle of legal reservation is based on the idea of interference administration.With the changing administrative idea,countries around the world are advocating the idea of the service-oriented administration.The interference administration is an idea that the government limit the freedom of citizens by using the public authority.The idea of the service-oriented administration is different from the interference administration,which the core function of the service-oriented administrative is to give,offer and services and the administrative action of the government is beneficial for the citizens.In the perspective of the service-oriented administration this article studied some content about the principle of legal reservation.This article is divided into four chapters.The fist chapter discusses the basic theory of the principle of legal reservation roughly.This chapter includes the meaning of the principle of legal reservation,the theory of the scope an the value.The second chapter analyzes the legal basis and the constitutional basis of the principle of legal reservation in the service-oriented administration.This chapter explain the principle of legal reservation shall be applicaple in the service-oriented administration fully.The third chapter discuss the actuality of the application of the principle of legal reservation,which is including the provisions on administrative legislation,the defects on the application of the principle of legal reservation and the actuality of the application in the service-oriented administration. The fourth chapter gives the some opinions about proposals and considerations for optimizing the principle of legal reservation.