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法律保留是行政法的一个基本原则,是依法行政和建立“法治国家”的基本要求。但该原则在我国行政法领域还没有受到应有的重视,笔者在此对法律保留中“法律”的涵义、产生基础、界定标准、现状及改进的措施问题等作初步探析,以期引起理论界和实践界对该原则的重视。
Legal preservation is a basic principle of administrative law and the basic requirement of administering by law and establishing a “state by law.” However, this principle has not been given due attention in the field of administrative law in our country. The author makes a preliminary analysis of the meaning of “law”, its foundation, standard definition, current situation and measures of improvement in legal reservation, And the practice of this principle attention.