The Application Of Proportion Principle In Administrative Legislation And The Judicial Review

Proportion principle has been become the basic principles of administrative lawtreated by some of the administrative law scholars in China. But about how to use theproportion principle in the application of administrative legislation and how to use theproportion principle in judicial review, academic circles don’t have the systematicstatement. The main review of administrative legislation in China is the legitimacy review,and ruled out the rationality review. But in reality, due to the lack of review procedures, thesettlement of legitimacy review likes a castle in the air. However, although theadministrative legislation is not directly active onto the administrative relative person, butit has a huge potential impact to the right of the administrative relative person due to theuniversal application to the applicable objects and the continuity to the applicableeffect.And the application in administrative legislation and judicial review of proportionprinciple, on one hand, it makes the legislation much more scientific, on the other hand,also makes the legislation can get the understanding from court, so it can get much betterapplication. So systematic discuss about the application and the judicial review ofproportion in administrative legislation, has important significance in theory and practice.