18世纪末期发源于德国警察法的比例原则,如今已蔓延到全球五大洲。毫无疑问,作为一种裁量基准和司法审查标准,被视为正义化身的比例原则,对于规范与控制公权力,限制公权裁量,保障全球人权,事实上起到了不可估量的积极作用。然而,正义的实现绝非易事,实现合比例性的道路布满了荆棘与坎坷。比例原则自身存在严重的空洞性缺陷,它只是一个“空壳”。对于究竟什么是合比例性,究竟如何判断手段的适当性、最小 The principle of proportionality, which originated in the German police law in the late 18th century, has now spread to all five continents. Undoubtedly, as a criterion of discretion and judicial review, it is regarded as the principle of proportionality of justice incarnation, which has in fact played an invaluable and positive role in regulating and controlling public power, limiting public power and safeguarding global human rights. However, the realization of justice is by no means easy and the road to proportionality is full of thorns and ups and downs. The principle of proportionality itself has a serious hole defect, it is just a “shell”. For what exactly is proportionality, how to determine the appropriateness of the means, the smallest