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法律保留是一项积极意义上的依法行政原则,是通过对公权力的规制以此来来保护私权利。近年来,随着社会上出现的一些公权力与私权利相冲突的影响较大的事件,也使得合理规制公权力的呼声越来越大。因此,合理、适度的适用法律保留原则,既是对于完善行政立法,依法行政的促进,也是为了更好的推进我国法治建设的完善。本文将着重介绍我国行政法上法律保留原则的适用状况,分析其存在的不足,并就完善该原则的适用提出若干建议。
Legal reservation is a positive principle of administration by law, which is the protection of private rights through the regulation of public power. In recent years, with the emergence of some social conflicts in public power and private rights have a greater impact on the incident, but also make the voice of reasonable regulation of public power more and more. Therefore, the principle of reasonable and moderate application of legal reservation is not only the promotion of improving administrative legislation and administration according to law, but also the improvement of the legal construction in our country. This article will focus on the application of the principle of legal reservation in administrative law in our country, analyze the existing problems and put forward some suggestions on how to perfect the application of the principle.