論行政法上的比例原則及其引入.pdf

1、湘潭大學(xué)碩士學(xué)位論文論行政法上的比例原則及其引入姓名：鄧彬彬申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法律·行政法學(xué)指導(dǎo)教師：胡肖華200504014Abstract The principle of proportionality rises from German police law. After several ages of development, the connotation of this principle becomes

2、much more abundant, and its application has also been enlarged greatly. The principle of proportionality regulates the relationship between public interests and private interests as well as the relationship between means

3、 and purpose. It requires that these two pairs of relationships should be coordinate between its two sides respectively. This article introduces the meaning, theory foundation, history and development, and legal position

4、 of the principle. On the basis, the author first demonstrates the necessity and feasibility of the principle of proportionality, and then offers some suggestions. Along with the introduction and the conclusion, the body

5、 of this article is composed of three sections. The first section expatiates the main meaning and theory foundation of the principle of proportionality. The principle includes three sub-principles, which are the principl

6、e of necessity, the principle of suitability and the narrow principle of proportionality. There are academy disputes about the sub-principles division, some support three sub-principles, the other prefer two sub-principl

7、es as well. The author thinks justice, equality and human right are the theory foundation that will play key role to improve the principle of the proportionality. The second section demonstrates the history of the princi

8、ple, the origin of the theory and development in judicature practice, especially in French, British, United Stations, Japan and European Union to make preparation for the introduction of this principle into our country.

9、The third section is to settle how to introduce the principle of proportionality to China. First, it confirms the position of the principle as the basic principle of the administrative law. Following it compares the prin