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The Application Of The Principle Of Proportionality In Administrative Litigation

Posted on:2018-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:X H MeiFull Text:PDF
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The trend of reducing administrative discretion and expanding judicial discretion in our country shows that it is very important for the construction of our country under the rule of law to reduce the unnecessary infringement of administrative power to the citizen's rights and interests.Especially when the respect and protection of human rights has been written into the constitution,how to control and regulate the exercise of administrative discretion is the most important issue.The principle of proportionality,as the imperial clause of administrative law,provides the basis for solving this problem.A lot of laws in our country reflect the content and spirit of the principle of proportionality.The principle of proportionality plays an important role in administrative litigation in china.This paper is divided into four chapters.The first chapter introduces the theoretical basis of the principle of proportionality and introduces the origin of its development.Elaborates the substance of the three sub principle and the relationship between them.Combined with the principle of reasonableness of the administrative law of our country,to compare the principle of proportionality and the principle of reasonableness,explain the meaning of proportion principle.The second chapter lists some articles of law which reflect the principle of proportion in our country.Explain the connection with the principle of proportionality.Introduce the application situation in our country.The third chapter introduces the value and deficiency of the principle of proportionality in our country.The last chapter puts forward some views on how to perfect the application of the proportion principle in administrative litigation in our country.
Keywords/Search Tags:Proportionality principle, Administrative proceedings, Three sub principle
PDF Full Text Request
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