A Probe To The Protection Of Reliance Interest And Administrative Licensing

Administrative licensing is one of the important regulatory methods for the administrative agency. The protection of reliance interest is a worldwide government guideline. Administrative agency need to evaluate people’s reliance interest when changing a rendered licensing, so that it can found a faithful government.This paper first explains the characteristics of administrative licensing, and explores the related legal framework to understand the established power, as well as supervisory and evaluation mechanisms in order to find factors that affect the change in administrative licensing.The requirements in continental Europe and the United States are reviewed to seek their origins, and to research the theoretical bases of related academic discourse, to ascertain the legal basis of the principle of protection of reliance interest, and in turn clarify the practical experiences in China and Taiwan. It was found that when involving concrete licensing changes, revocation, or abolishment, it is necessary to first consider whether the changed, revoked, or abolished license was a legitimate license. It is also necessary to determine whether the people have reliance interest, and whether the reliance is worthy of protection, as well as to engage in measurement of public and private interest, and finally determine how to protect it.When regulation changes are implicated, it is necessary to first determine whether the changed laws, regulations, and charters are retroactive. It is also necessary to engage in measure of public and private interest to finally determine how to protect it. The fair notice should have postponed efficacy, or the people should be given a time of transition, or there should be another date of implementation.When changes in content of general explanatory and regulatory documents, it is necessary to consider whether it would change legal meaning or scope. There should then be measurement of public and private interest, and protection such as the following should be given: postponed efficacy of fair notice; or refer to the method of change of laws or regulation to give people a time of transition; or there should be another date of implementation.Based on the research results, weighing the background factors of Chinese culture, a feasible testing model is established to determine protection of reliance interest in the process of administration.