france and germany a comparative analysis of the principles of administrative law（法国和德国行政法原则的比较分析）.docVIP

France and Germany a comparative analysis of the principles of administrative law Abstract: The principles of administrative law in France, consists of three aspects, namely, administrative acts must have a legal basis for administrative action must be consistent with legal and administrative authorities is not only a negative obligation to comply with the law, but also have a positive obligation to take action to ensure that the law norms in the legal priority of German expressionism and legal reservations by comparison, can be seen in two of the principles of administrative law concept of democracy, to achieve the path to the legislature’s requirements in areas such as differences, in origin thinking, the pursuit target and attention to the judicial power of the legislative and executive power constraints, there are many things in common, they show the common law-based administration of the new features and trends. Keywords law of priority importance of the legal theory of special circumstances to retain France and Germany belong to the civil law countries, the two administrative law in their respective countries are within the scope of public law, administrative activities governed by an independent administrative court, however, administrative law between the two countries have different characteristics in the German administrative law, statute dominant. the administrative justice system, although both countries have implemented a two-track system, but the status of the Court between the two countries have a large gap between the French administrative court is a part of the executive branch, subject to administrative constraints it large, in essence, is a special executive. The administrative court in Germany is part of the judicial system, without the intervention of the executive branch, has a strong judicial rather than administrative. French and German administrative law, the same differences in one of the basic principles of administrative law