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在行政法领域,基本原则问题一直是一个争议很大的问题。近年来,随着行政法理论的日臻成熟,对于行政法基本原则问题的讨论要随之更加激烈。本文从比例原则这一切入点进行阐述,研究比例原则是什么,为什么要遵循比例原则,以及其有哪些缺陷亟需完善。对比例原则的研究,无论是对于基本原则理论的完善,还是对于指导行政实践,都是大有裨益的。
In the field of administrative law, the issue of the fundamental principles has always been a controversial issue. In recent years, as the theory of administrative law matures, the discussions on the basic principles of administrative law should become increasingly fierce. This article elaborates from the starting point of the principle of proportionality. It is necessary to study what is the principle of proportionality, why the principle of proportionality should be followed, and what defects are needed. The study of the principle of proportionality is of great benefit both for the improvement of the basic principle theory and for the guidance of administrative practice.