Font Size: a A A

The Principle Of Administrative Law Judicial Application

Posted on:2020-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:X E ZhangFull Text:PDF
GTID:2416330623950122Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of proportionality originating from the German police law and the British principle of rationality were introduced at the same time in the administrative law circles in China in the late 1980 s.The introduction of the principle of principle is conducive to the maximum protection of the basic rights of citizens.On the other hand,the judicial application of the principle of proportionality greatly regulates the field of administrative discretion.In the structure of the text,the first chapter is the analysis of the principle of proportional principle,including the introduction of the basic content of the principle of proportionality and its origins,and then the introduction and analysis of the theory of hierarchy of the principle of proportionality.Finally,the principle of proportionality is compared with the concept of related principles.The nature of the principle of jurisprudence of the principle of proportionality.The second chapter analyzes the status quo of judicial application and the dilemma faced by the principle of proportionality.The author demonstrates the proportion by analyzing the structure of legality review and rationality review,the relationship between administrative power and judicial power,and the high requirements of judicial application of proportionality principle.The dilemma faced by the principle of judicial application.In the third chapter,the author first calls for the inclusion of the principle of proportionality in administrative legislation,and clearly affirms that the principle of proportionality has direct judicial application efficiency.Secondly,it is the scope of judicial application of the principle of proportionality,the type of review intensity is proposed,and finally the case guidance library is optimized by optimizing the burden of proof and proportionality principle.In the extreme tightening of modern power,the principle of proportionality may be the most effective means to prevent the extreme expansion of administrative power.The application of the law of proportionality is the process of administrative discretion.Perfecting the principle of proportional justice is also the proper meaning of building a country ruled by law.
Keywords/Search Tags:Principle of proportionality, Hierarchy theory, Principle of legality, Administrative trial
PDF Full Text Request
Related items