行政法中的比例原则简论

比例原则在德国、葡萄牙、西班牙及我国台湾地区的行政法中已得到程度不等的运用,因而也成为其行政法学研究的重要内容.但在我国大陆行政法及行政法学中,比例原则还远未引起足够的重视.本文对传统行政法中比例原则的内涵作了深刻的剖析,并进一步认为,现代行政法中的比例原则应充实新的内容,以适应现代行政法发展的需要.

On the Principle of Proportionality in Administrative Law

The principle of proportionality has been applied to different extent in Germany, Portugal, Spain and our Taiwan respectively,so it is an important content of administrative law research of the countries and district. However, there's not enough attention paid to such principle in our administrative law research. This article tries to make a deep analysis on its connotation and concludes that the principle of proportionality should be enriched by new content which is suitable to the needs of modern administration development.