China's authoritarian system existed in the past, under the emphasis on social stability than the superior protection of the interests for the people, till after the lifting of martial law, with the political environment changes, the rise of the spirit of human rights protection, rather the principle of public law scholars in China before they can get it deserves the attention. However, the "principle of proportionality," meaning, conceptual development, application and review the standard? In this paper, a comparative perspective, comment on the rule of law in advanced countries and China's enactment of legislation; and tried to use the principle of equivalence to analyze China's economy penalty of the constitutionality of the wrongful act of foundation.