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法律保留原则是宪法的基本原则,同时其也是行政法上依法行政的基本原则,两者之间有着一定的联系和区别之处。在宪法和行政法中的法律保留原则中,都比较注重立法权和行政权的分工,通过分工的形式来使各自的权利范围能够得到很好的明确。主要的目的都是为了能够给鱼立法机关专属的立法权限,这样能够有效地防止行政机关侵犯公民额自由和财产等基本的权利和合法的权益,这样就可以很好地保证人权。当然,二者在理论基础与法律规定层面上也有着一定的不同之处。本文以宪法和行政法中的法律保留原则为主题,展开了一系列较为深入的探讨与分析。
The principle of legal reservation is the basic principle of the constitution, meanwhile it is also the basic principle of administrative law in accordance with the law. There is a certain connection and difference between the two. In the principles of legal reservation in both the constitution and the administrative law, more attention is paid to the division of labor between legislative power and executive power, and the scope of their respective rights can be well defined through the form of division of labor. The main purpose is to give the fish legislature exclusive legislative authority, which can effectively prevent the executive organ from infringing the basic rights and legitimate rights and interests such as the freedom of citizenship and the legitimate rights and interests, so that we can well guarantee human rights. Of course, there are some differences between the theoretical foundation and the legal ones. This article takes the principle of legal reservation in constitutional law and administrative law as the theme and launches a series of more in-depth discussions and analyzes.