河北法学2025，Vol.43Issue(3)：90-108,19.DOI:10.16494/j.cnki.1002-3933.2025.03.005
法律保留探源:涵义、依据与功能
On the Origin of Law Reservation:Meaning,Basis and Function
摘要
Abstract
Law reservation refers to the fact that administrative acts must be made in accordance with the authorization of the law for matters in a specific field.From the background,law reservation aims to control administrative powers with the legislative powers,so as to protect the basic rights of citizens from the arbitrary infringement of administrative powers.Regulating legislative or judicial powers are not an essential attribute of the principle of law reservation.In defining the principle of law reservation,we should still adhere to the essential characteristic of the restriction of legislative power on administrative power and return to its original nature.The theoretical bases of the principle of law reservation are mainly the principle of democracy,the principle of the rule of law and fundamental rights.The democratic principle is the legitimate basis of the law reservation principle;the principle of the rule of law is the direct basis of the principle of law reservation.Fundamental rights are the fundamental purpose and value pursuit of the principle of law reservation.The basic function of law reservation is to create administration grounds and protect fundamental rights.The extended function is to standardize the legislative order and ensure the unity of the legal system.The derivative function is to provide standards for the review of constitutionality and legality,and to guarantee the harmony of the legislative system and the administration according to law.关键词
法律保留/涵义/依据/功能Key words
law reservation/meaning/basis/functions分类
社会科学引用本文复制引用
张峰振..法律保留探源:涵义、依据与功能[J].河北法学,2025,43(3):90-108,19.基金项目
国家社科基金一般项目"数字政府建设背景下行政职权优化配置研究"(23BFX015). （23BFX015）
