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自德国现代行政法学奠基人奥托.迈耶首先提出法律保留原则之后,法律保留原则就一直适用于规制行政,随着行政国家和福斯多夫提出“生存照顾”服务理念的兴起,法律保留原则的适用也拓展到给付行政领域;德国法律保留原则的适用范围经历了侵害保留、全面保留到重要事项保留,虽中国相关法规范确立了法律保留原则,但对中国法律保留原则的适用范围、性质等方面学者们普遍认识不一致,从中国行政处罚法中有关法律保留原则的条款入手,通过采取法教义学的解读方式,从而得出中国法律保留的原则所采用的是“阶层化保留”体系。
Since the founder of German modern administrative law, Otto Meyer first proposed the principle of legal reservation, the principle of legal reservation has always been applicable to the regulation of administration. With the rise of the service concept of “survival and care” by the administrative countries and Fordorf, The application of the principle of legal preservation also extends to the field of payment administration. The scope of application of the principle of legal reservation in Germany goes through the reservation of reservation against infringement and reservation of important issues in an all-round way. Although the relevant laws and regulations in China establish the principle of legal reservation, the application of the principle of legal reservation in China Scope and nature of scholars generally understand the inconsistency, starting from China’s article on the principle of legal reservation in the law of administrative punishment. By adopting the interpretation of legal doctrine, we can conclude that the principle of Chinese legal reservation adopts “ Reserved ”system.