论禁止不当联结原则的涵义法律地位与理论渊源

禁止不当联结原则是指在国家公权力的运作中,公权力的行使必须与公权力的目的保持合理正当的关联。该原则应定位为公法原则、宪法原则、行政法一般法律原则。在理论上该原则渊源于比例原则、合理性原则、禁止恣意原则、法治国与依法行政原则。

On the Definition, Legal Status and Theory Resources of the Principle of Improper Connection Forbidden

The principle of improper connection forbidden is seldom reviewed in the research circle in our country. In this article, three basic questions, which are related with the principle of improper connection forbidden, are reviewed: its meanings, its legal status and its theory resources. Improper connection forbidden refers to that in the procedure of the state public power, the use of public power must be properly connected with the aims of public power. The principle is regarded as an public law principle, an constitutional principle, and an administrative law principle. The theory resources of the principle are from the principle of proportionality, the principle of reasonableness, the principle of arbitrary forbidden, the principle of Rechtstaat and administration by law.