摘要
尽管比例原则和合理性原则都是控约行政裁量权的理论,但二者有着极大的不同:在内涵方面,比例原则着眼于法益的均衡,合理性原则则凸显对公共利益的喜好;在作为法律渊源的目的方面,比例原则以维护和发展公民权以为最终归宿,合理性原则以公共利益本位为出发点;在适用范围和位阶方面,比例原则较合理性原则的适用范围更广、位阶更高。
Though they themselves are ways to control administrative discretion, there are many differences between principle of proportionality and principle of rationality. First, as to the content, principle of proportionality is about balance of legal interests, while principle of rationality pays more attention to public interest. Second, they are different in purpose, the purpose of principle of proportionality is to safeguard and develop civil rights, while that of the principle of rationality is public interest. Third, the scope of application of principle of proportionality is broader than principle of rationality.
出处
《行政法学研究》
CSSCI
北大核心
2004年第2期33-41,共9页
ADMINISTRATIVE LAW REVIEW
