Legal Reservation Doctrine In Constitution

The legal reservation doctrine plays a very important role in the process of constitutional order construction in the modern state.The principle of legal reservation is reflected in the French "Declaration of Human Rights",which stipulates that only the law can restrict the basic rights,and then the German administrative law Home Otto Meyer formally put forward this concept.The connotation of the principle of legal reservation has also changed in the process of historical development,but its protection of basic rights and the value of administrative power has not changed,and through the relevant laws and regulations,in our rule of law plays an important role.Legislation is an important part of the realization of basic rights.The legislature plays a vital role in the protection of basic rights.However,with the continuous improvement of social life,the deepening of the reform process,the continuous expansion of administrative power,more and more administrative Laws and regulations began to limit the basic rights,in order to protect the basic rights of citizens from administrative regulations against the maintenance of national legal system,the principle of legal retention needs to play a greater role in practice.The principle of legal reservation in our country is mainly stipulated in the Constitution and the Law on Legislation.However,by observing the two laws,there are many problems in the principle of legal reservation,both in the legal and practical aspects.It is difficult to really apply in the judicial application To play their own role,and these problems on the one hand because of the "Constitution" and "legislative law" in the provisions of the principle of our law to retain the vague principle of the principle of the principle of the law to retain the contradiction,on the other hand is subject to our people's congress system,legislation The right to have the natural superiority,the principle of the law to retain the positive is not positive,and because of the complexity of the legislative process,there is the legislature lazy legislation situation,and finally the judiciary in the absence of judicial decision in the process.This series of reasons have caused the principle of our law to retain the principle can not really play an effect.In order to effectively plays the role of legal reservations,on the one hand,the legislature need to clean up the old authority,,on the other hand,it need to improve and perfect the provisions of the legislative legislation.For the judiciary,they need to be more active in the judicial trial,dare to apply the legal reservation doctrine during the trail,otherwise,the judiciary can never play their due role in judicial supervision.