Journal:Hebei Law Science
Key Words:the principle of legal reservation; the principle of legal reservation of administrative organization; the scope of reservation; rationalization of functional structure; protection of counterpart＇ s rights
Abstract:The traditional principle of legal reservation focuses on the administrative behavior law， which guarantees the basic rights of citizens, but rarely involves the field of administrative organization law at the objective state governance． The application of the principle of legal reservation to the field of administrative organic law forms the principle of legal reservation of administrative organization． The core issue of legal reservations in administrative organizations is the scope of reservations． The theory of significance in the traditional law reservation is unbearable in administrative organization law． The criterion of the scope of administrative organization law reservation needs to consider the economic and legal value factors， the former is more basic， while the latter is the adjustment of the power division pattern between the legislative organ and the executive organ in administrative organization law．Weighing the regulations and defects in administrative organization law， we should be based on the division of administrative task and the rationalization of functional structure． At the same time， the protection of the rights of the administrative counterparts is the auxiliary standard．
Note:CSSCI扩展版、北大核心
Indexed by:Journal paper
Discipline:Law
Document Type:J
Issue:5
Translation or Not:no
Date of Publication:2019-04-10