The Application Of The Principle Of Proportionality In Administrative Enforcement

As an "imperial clause", the principle of Proportionality has a very deepdevelopment in law. Principle of proportionality is a significant principle ofadministrative law in many countries and regions, and is applied broadly in varyingdegrees. The need to establish the principle of proportionality is meet the fairness andefficiency; control the abuse of executive power. Resulting in administrative laws andregulations to standardize the application of the principle of proportionality in theexercise of administrative discretion is indeed a necessity. In the practice ofadministrative law enforcement and administrative proceedings, people do not paysufficient attention.This paper is divided into four parts.The first part focused on concept of the principle of proportionality and thenecessity of the principle of proportionality in administrative law enforcement. Theprinciples include: the appropriate principle, the principles of necessity, and thenarrow proportionality principle. Since then the paper has done review from history ofthe principle of proportionality. The second part states the history of the principle ofproportionality and the development in countries and regions in the application ofadministrative law. This section includes the principle of proportionality in Germany,France, Japan, USA, Austria, Spain and China where the specific requirements ofthese countries and, where applicable, and the principle of proportionality in allcountries and the role and status. The third part analysis the problems of the principleof proportionality in the administrative enforcement by three cases and explain thereasons. The fourth part focuses on the perfection of principle of proportionality in theadministrative enforcement from the macroscopic, middle and microcosmic view.