论行政法上之法律保留原则

On the law retainment principle in administrative law

法律保留原则是依法行政的重要内容。它以民主为前提 ,以法治为基础 ,其核心理念则是公民基本权利的保障。随着社会的发展 ,法律保留原则的适用范围从传统的侵害行政延伸到给付行政和特别权力关系领域。在我国 ,法律保留原则已得到运用与体现 ,但也存在着诸多缺失与不足 ,需待重新检讨和进一步修正 。

The law retainment principle is the substance of administration according to law. It regards democracy as the premise, and ruling by law as the foundation, the key idea of which is to guarantee the citizen's fundamental right . With the development of society, the scope of application that the law keeps the principle concerns the field from extending in the traditional infringement administration to paying the administration and special power relation. In our country, the law retainment principle has already been used and incarnated in many realms, but there are a great deal of deficiencies, and further research and improvement are needed so as to give it into fuller play in the practice of the administration rule of law.