The Application Of The Principle Of Legal Reservation In The Justice In Taiwan Area

The purpose of the legal reservation principle is to restrict the arbitrary exercise of the executive and prevent its infringement of the legislature authority.At the same time,to some extent,the legislator maybe establish the supervision obligations,preventing the legislation slacken.On the basis of its importance,the principle of legal reservation is called a core principle of administration by law.The principle of legal reservation is increasingly valued in judicial practice,but the status of the principle of legal reservation in the judicial practice of mainland of China for a long time has significant difference with the principle of legal priority which is the important content of administrative law.Taiwan in China is deeply influenced by Germany and has established a relatively perfect legal reservation system,from the actual statute to the relevant system of protection.Since its birth,it has been continuously developed and improved in judicial practice.Therefore,this article intends to start with the constitutional interpretation of the legal reservation in Taiwan over the years,mainly divided into "general legal relationship","Special legal relationship" and Pay for administration.So,my article is divided into six parts.The first part is about the historical evolution of the principle of legal preservation,the real law and theoretical basis,in order to clarify the connotation,details and significance of the principle of legal reservation.The second part mainly discusses the application of the principle of legal reservation in general legal relations.First of all,the thesis first clarified the concept of the order of laws in Taiwan.My article is analyzed at two levels,including central and local governments.At the central government level,with the progress made in the Interpretation of the Constitution as the boundary,the application of the principle of legal preservation at the central level is divided into three stages,expounds the system of principle of legal reservation and the development of the connotation of the principle of clarity of authorization.At the local level,according to the formulation of the actual law in Taiwan,the development of the principle of legal preservation at the local level can be broadly divided into three stages and explore how to guarantee the smooth operation of local autonomy.In addition,the article also discusses the issue of applying the principle of legal reservation to the administrative rules formulated in the administrative organs.The third part is the application of the principle of legal reservation in special legal relation.First of all,it discusses the development of the theory of the special rights,clarifies the reasons why the special legal relations will be replaced,divides the special legal relations into the relationship between the civil servants and the state,the relationship between the students and the school,the relationship between the soldiers and the state,and discuss the breakthrough of special legal relationship in Taiwan from two aspects of the right to administrative dispute and whether to apply legal retention.The fourth part is about the application of legal reservation principle in the administration of payment.My article will discuss the application of the Pay for administration to the legal reservation principle,solving the administration of pay is applicable to the principle of legal reservation,as well as the scope of the principle of pay for administration applying to the legal reservation principle.The fifth part is the summary of the experience of legal reservation in the application of judicial practice in Taiwan.The sixth part is the significance of the above-mentioned experience on the principle of legal reservation in mainland China and the administration according to law,as well as the status of the judicial application of legal preservation in mainland China.