Research On The Application Of Proportionality Principle In EU Administrative Law

The principle of proportionality is not only a fundamental legal principle in EU administrative law,but also plays an indispensable role in the EU constitution and even in other jurisdictions.The principle of proportionality is gradually formed and developed in the judicial practice of the European Court of Justice and the European Court of Human Rights.It is an important criterion for reviewing the legitimacy of the administrative organs of the European Union and the behavior of the Member States.The purpose of applying proportionality principle is to restrict the exercise of administrative discretion and avoid excessive infringement of public interest and civil rights and freedoms.In recent years,more and more attention has been paid to the study of proportionality principle in our country,however,most of the study on the principle of proportionality in the EU's administrative law has not been analyzed in detail about the different type of cases in which the proportionality principle applies in the practice of EU administrative law and the intensity of examination.Therefore,this paper will introduce the development and origin of the principle of proportionality in EU's administrative law,and analyze the application of proportionality in judicial review and the intensity of the review of the European Court of Justice in specific cases,and compare the development of proportionality principle in China's administrative law,to explore the realization path of how to use proportionality principle for reference in China,so as to provide some help for the implementation and development of principle of proportionality in China's administrative law.