On The Application And Perfection Of The Legal Reservation Principal In Administrative Law

With the deepening of judicial reform,under the background of the era of national governance modernization,the government function will change with the background of the times.In the ternary governance system composed of government,social organization and citizen and legal person,it is obvious that only the administration of law according to the basic principles of administrative law and the neglect of legal reservation are obvious.The principle of legal retention as an active law administration is the basic requirement of the democratic constitutional system to the executive power.The principle of legal retention as the core of the administration according to law can not only prevent the expansion of administrative power,set the border for the exercise of executive power,but also can strictly distinguish between national legislative power and administrative legislative power,thus ensuring the authority of national legislation.Therefore,the principle of legal reservation should be recognized as the core principle of administrative law and widely used in China's rule of law practice.This paper makes a brief analysis of the status quo of the current state of governance and the reform of the administrative system,and finds out the problems in the application of the principle of law retention in China.Through the discussion of the theoretical basis of the principle of legal reservation and the scope of the law,The corresponding solution path.By establishing the core position of the principle of legal reservation,the establishment of a limited government,perfecting the legislative system of authorization and supervising the mechanism to urge the principle of legal reservation to play its proper role in the practice of socialist modernization.This paper is divided into four chapters,the main contents are as follows:Chapter One: Current Situation of State Administration Modernization and Legal Reservation.Through the status of national governance modernization and government management system reform to do a brief analysis,which leads to the need for the principle of legal retention.Chapter two: The meaning of legal reservation,the theoretical basis and the establishment of standards.The basic meaning of the principle of legal retention and the theoretical basis of a brief discussion,and to explore the principles of the establishment of the principle of legal retention and scope.Chapter three: The law retains the specific application and deficiency in ourcountry.This paper analyzes the application of the principle of legal retention in the intervention of administrative,administrative and administrative discretion,and expounds the shortcomings of the principle of law reserve in our country.Chapter four: Perfection of the Principle of Law Retention in the Background of New Era.To set the principle of legal retention to better guide the practice of the rule of law to provide countermeasures,including the establishment of the principle of legal retention of the core position,the administrative payment into the scope of legal retention,improve the authorized legislative system,the establishment of a limited government and the establishment of supervision and management mechanism.