论德国法律保留原则的要义

１９世纪末德国行政法学者奥托·梅耶首创法律保留原则，意指一些特定事项必须由法律予以规定，行政行为若无法律依据，不得为之。这一原则是建立在民主原则和法治国原则的基础上的。它在德国宪法上具有重要地位。法律保留原则旨在限制行政权、保护人民的基本权利，它是依法行政原则的一个重要的次原则。

On Main-point of Principle of Law Reservation in Germany

At the end of the 19th century, Otto Mayer, Scholar of German administrative law, firstly created principle of law reservation. The meaning of the principle is that specific item must be provided by law, and no act of administration can be conducted without legislative authority. The principle was brought forward on the basis of principle of democracy and principle of administrating a country according to law. It has always been playing an important role in Ger man Constitution. Principle of law reservation is aimed to limit administrative right, and protect people's basic rights. It is an important sub-principle in the principle of administration by law.