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2014年底,十八届四中全会在京召开,这是党的全会首次以“依法治国”作为主题,可以看出党和国家对于建设中国特色法治体系的看重。法律保留原则是一项重要的宪法和行政法的原则,它由德国著名的行政法学家奥托·迈耶提出并且在当时的德国得到发展。它的含义是,行政主体的行政行为必须在立法机关的授权也就是对其进行了规范的前提下方能做出,否则无权行使。它是对政府权力的限制,是法治化道路上必须坚持的重要原则。本文就法律保留原则相关概念引出话题,进而分析宪法与行政法中法律保留原则的异同。
At the end of 2014, the Fourth Plenary Session of the 18th CPC Central Committee was held in Beijing. This is the first time that the plenary session of the party has focused on “governing the country according to law.” It can be seen that the party and the state value the construction of the rule of law system with Chinese characteristics. The principle of legal reservation is an important principle of constitutional and administrative law. It was proposed by Otto Meyer, a famous German administrative jurist, and developed in Germany at that time. Its implication is that the administrative act of the administrative body must be made under the precondition of being authorized by the legislature, that is, regulating it. Otherwise, it has no right to exercise. It is a restriction of government power and an important principle that must be adhered to on the road of rule of law. In this paper, the concept of legal retention leads to the concept of related topics, and then analyze the constitutional and administrative law, the principle of legal similarities and differences.