As a core principle of administrative law, the proportionality principle is crucial in regulating the operation of administrative power and balancing public interests and private rights. Its connotation includes three sub - principles: appropriateness, necessity, and proportionality in the narrow sense. These sub - principles, from the aspects of the match between means and goals, the choice of minimizing harm, and the reasonable balance between interests and harm, provide criteria for judging administrative actions. The value foundation of this principle is rooted in the concept of the rule of law, human rights protection, and administrative efficiency. It not only restricts administrative power to maintain the rule of law, but also safeguards human rights by limiting excessive infringement, and is complementary to administrative efficiency. The proportionality principle has specific application scenarios in administrative legislation, administrative law enforcement, and administrative justice. However, in practice, there are problems such as vague application scales and unclear handling of the relationship with specific legal norms. By analyzing its connotation and value foundation, this paper explores its specific applications, and then puts forward suggestions such as improving legislative provisions, strengthening law - enforcement supervision, and intensifying judicial review, aiming to clarify its application boundaries, provide guidance for administrative organs to perform their duties in accordance with the law, protect the legitimate rights and interests of relevant subjects, and promote the construction of a law - based government.
Xing Sun (Wed,) studied this question.