The Application of Administrative Innovation and the Principle of Law Reservation

Abstract

Administration innovation means the breakthrough and reform of the existing system, while the law reservation, with its specific functions, imposes restrictions on the administrative innovation and keeps it within the framework of the rule of law. However, due to its own limitations, law reservation will restrict the innovation in administration which could not play the role of positive administration. Law reservation’s function of right protection should be given full play and the scope of the current law reservation should also be expanded so as to bring administrative innovation on the track of rule of law. At the same time, give full play to the law’s function of stimulation and as for the beneficial administrative act, relax properly the restrictions of law reservation. In order to meet the practical needs of a service administration era, law reservation has to make moderate adjustments when necessary to realize the lawless administrative innovation and make sure administrative innovation could achieve the unity of formal rule of law and substantive rule of law through the principle of proportionality and public participation.