Research On The Principle Of Accommodative And Prudential Regulation

Accommodative and prudential regulation is an innovation of regulatory methods carried out by the government in response to the development of new economy.In this process,incomplete legal theory,administrative convenience theory and governance theory laid the initial theoretical foundation for the emergence and development of accommodative and prudential regulation.Accommodative and prudential regulation takes inclusiveness as the core,and prudence is the limitation and supplement to inclusiveness.Inclusiveness refers to the concept and behavior of inclusiveness,while prudence refers to prudence about itself and risks.The principle of accommodative and prudential regulation means that the administrative subject strictly abides by the boundary of its own power,reduces unreasonable intervention in the market and individuals,and reasonably tolerate the illegal acts of administrative counterpart in order to respect and protect the rights of private subjects.The principle of accommodative and prudential regulation originated from prudential supervision in the field of financial supervision,and then was widely applied as a regulatory policy.Finally,it was written into the legal text.The principle of accommodative and prudential regulation is a legal principle.It is a policy principle written into the legal text.It has a clear value orientation and is the specific development of the principle of legal tolerance in administrative law.The principle of accommodative and prudential regulation is the principle of administrative law.Its application has particularity and universality.However,it is not the basic principle of administrative law,but the legalization of the basic policy of accommodative and prudential regulation.The principle of inclusive prudential regulation has clear boundaries.Inclusive "illegal" behaviors cannot exceed reasonable limits.Prudence should also pay attention to the risk line and strictly abide by the bottom line.In the basic principle system of administrative law,the principle of accommodative and prudential regulation initially originated is included in the principle of proportionality.Both reflect the concept of tolerance.The principle of proportionality provides a standard and basis for the application of the principle of inclusive prudential supervision.The principle of inclusive prudential supervision also follows the requirements of the legitimacy principle of administrative law,and plays a supplementary role to the legitimacy principle to a certain extent.The principle of accommodative and prudential regulation is universal in the application of administrative law.Specifically,it includes unnecessary and unnecessary legislation and prudential legislation when necessary in the application of administrative legislation.In the application of administrative law enforcement,the prohibition of adverse administrative acts shall be applied by analogy,the defects of favorable administrative acts shall be reasonably tolerated,the law enforcement of inclusive and prudent supervision shall be carried out according to law,and flexible regulatory measures shall be taken.There are also practices that embody the principle of inclusive and prudent supervision in the administration of justice.