对行政法律保留原则的思考

Consideration for the administrative law reservation principle

法律保留是行政法的一个基本原则,是依法行政和建立“法治国家”的基本要求。但该原则在我国行政法领域还没有受到应有的重视,笔者在此对法律保留中“法律”的涵义、产生基础、界定标准、现状及改进的措施问题等作初步探析,以期引起理论界和实践界对该原则的重视。

the principle of law reservation is a basic principle of administrative law,a basic requirement of administration by law and building a country of rule by law.But the principle has never beepaid the proper attention. In this article,the author talk about several questions about the meaning of the principle,the creating basis,the standard of definition,the present situation and how to improve it.so that the problem can be paid more attention by theoretical and practical field.