A Typified Study Of The Principle Of Prohibition Of Inappropriate Associations

The thought of prohibition of improper connection originated from judicial cases and was influenced by the Triple benchmark theory of The United States.Its thought originated from the principle of proportion,the principle of rationality,the principle of prohibition of arbitrary and the principle of rule of law and administration by law,which has unique value and function different from these principles.The elements of the ideal type of proper connection are as follows: first,the purpose is proper and concrete;Second,legal means;Third,means have a direct and significant relationship to the realization of the end.The elements violating the above ideal type of legitimate connection are the forms of improper connection,namely,the theoretical types of improper connection,including four types: improper connection within the scope of public welfare,irrelevant factors,unreasonable connection between purpose and means,and no substantial connection between treatment and payment.The practical application of the principle of prohibition of improper connection in the two specific acts of administrative act,supplementary paragraph and administrative contract,has developed the theoretical types of improper connection and provided guidance for the rational administration of administrative organs.In the future,improper connections can be regulated through prior procedures such as fully fulfilling the obligation of notification,explaining the reasons for the implementation of means,listening to the opinions of counterparts,and expanding the scope of hearing.