The Proportionality Principle In Administrative Litigation

This paper discusses proportionality principle in administrative proceedings in the applicable. Articles by investigating the proportionality principle in administrative litigation in our country for the present situation, explains the principle in the administrative proceedings the important meaning. Proportion on this basis, from the principle of appropriateness, necessity and proportionality principle of three sub-principle of view, analysis them in administrative proceedings in the applicable standard abstract and subjective defects; And then combined with the proportionality principle in administrative litigation in our country present situation of application of comprehensive analysis of the three principles applicable key factors and the relationship between the principle of each child. According to the above problem, this paper shall start from the prevention of proportionality being abused, optimizes the allocation of the burden of proof, and play a role of case guidance, etc., improve the proportionality principle in administrative litigation in the field of application.