The Application Of Proportion Principle In The Highway Law Enforcement

The proportion principle in administrative law of many countries is a basic principle in civil law of Germany,known as king clause,in administrative law,whether it is the development of universal rules of administrative activities or traditional administrative behavior,accept the norms and constraints of the principles,and to judge its legitimacy.Although there is no concept of proportion principle in the Anglo American law system,it has been widely used in practice.This article through the analysis and comparison and draw lessons from the mainland legal system and the common law principle of proportion principle and the proportion principle reality,summarizes our country proportion principle connotation and the concrete content.Through the problems existing in the enforcement of the law enforcement of highway administration in our country,the application of the principle of proportionality,the principle of proportionality is put forward.This paper mainly discusses from three aspects.First of all,the principle of proportionality in the continental law system of Germany,France and Britain in the common law system is analyzed and compared.First,summed up its practical significance and the existence of the problem;two is the summary of the analysis of China's reference and use of the principle of proportion of the existing problems and countermeasures.The second is the analysis of China's legislative practice of the principle of proportionality,pointed out that the principle of proportionality in our practice problems;analysis of the necessity of establishing the principle of proportionality in China,and combined with the actual analysis of the proportion principle of China's connotation and concrete content of.Again is the analysis of the principle of proportionality in highway administrative law enforcement in the present situation and the reasons for the application.Finally,it analyzes the significance of applying the principle of proportionality in the process of highway administrative enforcement,and summarizes the applicable standards,procedures and steps of the application of the principle of proportionality.