On The Prohibition Of Improper Connection Principle In The Field Of Administrative Law

The principle of prohibiting improper connection originated from the German administrative law and has been given full attention and extensive research in Taiwan.There are no relevant regulations prohibiting the principle of improper connection in mainland China.Only a few scholars conduct systematic research on a theoretical level.However,improper connection in practice is not uncommon and difficult to detect,and it is difficult for citizens to protect their legitimate rights and interests under the current law after their rights have been violated.From the point of view of the German Administrative Procedure Law and the Taiwan Administrative Procedure Law,if the administrative entity requires that the administrative counterpart's payment,burden or non-interest is inconsistent with the administrative purpose pursued,and there is no substantive internal connection between the administrative act of the administrative subject and the treatment of citizens,legal persons and other organizations,it is improper connection.There may be many reasons for improper connection: either the rule of law and the concept of justice are not strictly followed;or there is a lack of law enforcement in the process of administrative law enforcement,the cost of law enforcement is high;or the administrative personnel are subjectively malicious.Improper connections have multiple manifestations,such as unreasonable linkages between goals and means,no substantive associations with payments,and irrelevant factors.Inappropriate associations generally follow three steps: first,determine the administrative purpose,secondly determine the attributes to be paid,and finally examine the relevance between the treatment and administrative purposes.The principle of legal reservation,the principle of administrative rationality and the principle of proportionality constitute the legal basis for prohibiting the principle of improper connection,and it differs from these principles,especially the principle of proportionality,and cannot be confused.From the perspective of the rich connotation and core value of the principle of prohibiting improper connection,it is moreappropriate to position it as the basic principle of administrative law.After the prohibition of the principle of improper connection becomes the basic principle,the inherent logical relationship between the principles of rationalization becomes a proper meaning,which is conducive to ensuring the harmonization and unification of the basic principles and systems of administrative law.Whether at the academic or legal level,we have not paid enough attention to the prohibition of improper connection,which leads to the lack of effective regulation of improper connection behavior in practice.In view of the application status of the principle,we should construct a set of normative system from text to practice from the four dimensions of academic theory,legislation,law enforcement and justice with the principle of prohibiting improper connection as the core.Certainly,the ideal solution path is to formulate an administrative procedure law to meet the requirements of strictly regulating administrative behavior,provide a solid foundation for deepening the administration of law and building a government under the rule of law,ensure that the people's rights and interests can be fully realized.