New Views over the Principles of Administrative Legislation

Legislative principle,although an important problem both in the theory and practice of administrative legislation,has been neglected by academia for a long time.Profound studies are rare in spite of the few references, at various levels,to some of the administrative legislation principles.So far,the academic circles often confuse the principles of administrative legislation with the general legislative principles,the basic principles of administrative law and even with the political principles,and fail to reveal the specific principles which administrative legislation should follow.This paper summarizes and analyzes the deficiency of these relationships,and points out the three-level legislative principle system that administrative legislation should follow in China.The general administrative legislation should comply with the following three specific principles:to adjust the rights(powers) and obligations between administrative subject and administrative counterpart to achieve a balanced allocation,to respect the scientific law of the administrative actions,and to pay equal attention to substantive norms and the procedural norms. Correspondingly,the narrow sense of the administrative legislation should follow the law reservation,legislate with care,and execute these there unique principles with great accuracy.