论比例原则

比例原则作为行政法的“帝王条款”,已在国外的立法研究和司法实践中获得普遍重视和不同程度的运用,因而成为其行政法学研究的热点之一。但比例原则在我国大陆尚未引起行政法学者足够的重视,通过对比例原则基本内涵的分析以及比例原则与合理性原则的比较,阐释比例原则在行政法中的独特地位,希冀能推动中国行政法治的发展。

Discussion of the Principle of Proportion

The principle of proportion, as the powerful item for administrative law, has already been paid attention to and put into use to some extent in the fields of legislation study and justicature practice, hence one of the hot topics for administrative law. However, this principle has not beem given enough attention.Therefore, this paper is to explain the unique role of the principle of proportion in the administrative law by the analysis of the basic meaning of this principle and the comparasion between proportionate principle and rational principle, in the hope of enhancing the development of China's administrative law.