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法律保留原则最早由德国法学家奥托.迈耶提出,目标在于克服集权国家的弊端以及为建立法治国家寻找出路。经历了几个世纪的演变,其在制衡立法权与行政权的权限方面起到了良好的作用。目前我国的法律保留仍存在理论争鸣与实践分歧。对此,我们应充分借鉴国外成熟理论的经验,完善符合我国国情的法律保留适用体系,依法治国以及民主法治建设增砖添瓦。
The principle of legal reservation was first proposed by the German jurist Otto Meyer with the goal of overcoming the drawbacks of centralized states and finding a way out for establishing a state under the rule of law. After several centuries of evolution, it has played a good role in balancing the powers of legislative and executive powers. At present, there are still theoretical disputes and practical differences in the legal reservation in our country. To this end, we should fully draw upon the experience of mature foreign theories and improve the system of legal reservation applicable to our country’s conditions. We should increase the number of governing the country according to law and building a democratic legal system.