A Study On Legitimate Expectation In Administrative Law--Comparative Survey Between Legitimate Expectation In EU Law And That In English Law

Since 1970's, legitimate expectation has been increasingly developed into animportant principle with more emphasis put by the states on human rights. Itestablished various relations between policy, law and people's expectation. Itobtains its legal basis by means of legal certainty, fairness and other values. In UK and EU, legitimate expectation is a developed principle. The authorcarries out a historical and comparative research between legitimate expectationin EU law and that in English law to seek whether they are different from eachother and what are their differences. Then, the author sum up their commongrounds. Meanwhile, in term of present circumstances in China, the author putforward some suggestions for legal administration in China. The thesis consists of the preamble, main body and the epilogue. Inparticular, main body is composed of three chapters. In the preamble, it is necessary to have a research on legitimate expectation,due to lots of investment disputes about it in China. In chapter One, the author compares legitimate expectation in UK law andthat in EU law, in the perspectives of its induction, change, legality, classificationand interest balancing. From such research, the author seeks the reasons for theirdifference. In chapter Two, the author lists and appraises such theoretic bases asreliance theory, rule of law theory, amended rule of law theory, osmosis theoryand efficiency theory. The author thinks, the basis supporting legitimateexpectation is not single. It shall mainly consist of legal certainty. It also includesreliance, fairness and other values. In chapter Three, according to present resources in China, the authorchecks whether legitimate expectation can be applied in China now. In the conclusion, the author believe, legitimate expectation shall be appliedin China in the future.