On The Application Of The Principle Of Proportionality In Administrative Law

As one of the most expansive state powers,the executive power gives the most extensive discretionary power to the executive authorities.As an important symbol of public power,it has higher authority than other powers,but it is worth noting that In recent years,the continuous expansion of administrative power and complicated affairs in the administrative field,in order to save law enforcement costs and improve performance in administrative law enforcement,administrative agencies often rely on their own value orientation to measure law enforcement,which undoubtedly increases the risk of abuse of administrative power.What can be done to bring such wanton expansion of power into the cage of the system?What can be done to ensure that administrative power is both in line with the characteristics of discretion and prevents abuse?How can we deeply understand the specific requirements and extensions of the principle of proportionality?These issues cannot be ignored at present.In my opinion,the reason why the principle of proportion occupies an important role in China's administrative law is that it limits public power to a certain extent and plays a role in protecting the rights and interests of citizens.It brings the weaker party in the administrative relationship into the scope of protection,Through the proportional requirements,to correct administrative actions that cause damage to one party.There are references to the principle of proportionality in China's laws and regulations,and the spirit of the principle of proportionality also exists in it.However,we must recognize that China's proportionality principle cannot yet fully adapt to the development of the times in the current era.There are still many theories The problems of the above and in practice,such as a comparative analysis with the principle of rationality,the lack of scientific unified theoretical research on the feasibility and limitations of its application in China.The current proportionality principle is very specific to the ever-changing legal forms and the complex and changing social environment.It is difficult to keep up with the times,not to mention the effect of regulating administrative power.Therefore,in order to further exert the advantages of the principle of proportionality,protect human rights,and regulate administrative power,it is necessary to conduct in-depth research on the application of the principle of proportionality in administrative law enforcement.This article is divided into four parts.The first part is the theoretical issue of the application of the principle of proportionality in the field of administrative law.This part first outlines the basic connotation of the principle of proportionality,and then analyzes the relationship between this principle and reasonable principles with similar meanings.It also discusses the theoretical basis of the application of the principle of proportionality in the field of administrative law.The practice of various areas of administrative law in China is introduced.The second part is to introduce the general situation and experience of the application of the principle of proportionality in foreign administrative law enforcement.The third part points out several existing problems in the application of the principle of proportionality in China's administrative law enforcement.The fourth part is to discuss the perfection of the principle of proportionality in China's administrative law enforcement in view of the limitations proposed in this article.This part starts from practice and provides some thoughts on existing problems in order to provide a basis for the principle of proportionality in China's administrative law enforcement.Contributing to your own application.