The Application of Administrative Innovation and the Principle of Law Reservation



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.


Administrative innovation; Law reservation; Right protection; Service administration

Full Text:



Hesse, K. (2007). Outline of the constitution of federal Germany (p.266). In H. Li (Trans.). Beijing: Commercial Press.

Hu, J. M., & Zhang, X. Y. (2011). Several legal problems about the administrative restriction on property right—Taking traffic control through adopting the odd-and-even license plate rule in some cities of our country for example. Law Science, (11), 121.

Hu, R. (2010). A discussion on the value of law reservation. Political Science and Law, (9), 68.

Huang, X. X. (2004). A study on the principle of law reservation in the administrative law. China Legal Science, (5), 45.

Liu, Y. T. (2013). A discussion on the construction of positive administrative law—concurrent discussion on using law to promote administration. Journal of Shandong University (Philosophy and Social Sciences), (3), 57.

Luo, X. L. (2010). Public power, private rights and law reservation—using “reform of coal mining enterprises in Shanxi province” as the entry point. Journal of Political Science and Law, (3), 28.

Yang, J. S. (2007). Administrative regulation and right protection (p.111). Beijing: China Renmin University Press.

Ye, H. B., & Qin, Q. H. (2008). The changes of the law reservation function—concurrent discussion about the functions of China’s law reservation system. Law Review, (4), 4.

Zhu, X. L., & Tang, X. L., et al. (2013). The basic map of the reform of administrative law’s basic theories (p.53). Law Press.



  • There are currently no refbacks.

Copyright (c) 2016 Studies in Sociology of Science

Share us to:   


  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.

We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:;;

 Articles published in Studies in Sociology of Science are licensed under Creative Commons Attribution 4.0 (CC-BY).


Address: 9375 Rue de Roissy Brossard, Québec, J4X 3A1, Canada

Telephone: 1-514-558 6138
Website: Http://; Http://

Copyright © 2010 Canadian Research & Development Centre of Sciences and Cultures