중국 행정법상 比例의 原則 小考

Abstract

In the Chinese law system, the peoples basic rights regard as of great importance, and in this situation, particularly in public law, the balancing public interest and private interest becomes one of most important problem. Through understand that how the principle of proportionality is understanding in China, we can partly comprehend the current level of public law in China In this article, we can simply examine the general theory of the principle of proportionality, the principle of reasonableness in common law system. Furthermore, we can comprehend scholar's some insistences about the principle of proportionality, situation of legislative ground, case of judgement. And we will find the key points that an expansion turn about the principle of proportionality. For the expansion or enlarge the principle of proportionality in Chinese public law, especially in the legislative stage, each specific legislation must adopt the principle of proportionality, and need to enlarge it, not just into the police administration or injurious acts, but into the service administration. And, finally, many cases experience of People's courts will take concrete the principle of proportionality in China.