比例原则是德日等大陆法系国家行政法的基本原则,甚至是宪法位阶的原则。本文主要探讨比例原则在中国行政实践中的适用可能性的讨论,尤其是其取代合理性原则成为限制行政自由裁量的有效手段。 The principle of proportionality is the basic principle of the administrative law of countries such as Germany and Japan and even the principle of constitutional rank. This article mainly discusses the application of the principle of proportionality in China’s administrative practice. In particular, its replacement of the principle of rationality has become an effective measure to limit administrative discretion.