On Judicial Application Of The Principle Of Administration Trust And Protection

The principle of administration trust and protection is an important basicprinciple of administration law. This principle was issued in《administrationpermission law》for the first time in China. It is very needed to reinforce the researchof TPP because the theory research on trust and protection principle (TPP) isundeveloped and the judicial belief and system that correspond to TPP in judicialoperation have not been established. This paper tries to research how to properly useTPP in administration lawsuit from the angle of judicial application.In the first part, the paper introduces the basic connotation, origin of TPP in thedevelopment of Chinese administration legalization, and analyzes the impact of TPPto the present administration judge belief; The second part demonstrates theapplication condition of TPP in administration judge; The third part discusses thejudge of trust interest and public interest and how to operate interest estimation inadministration lawsuit. And it also points out the importance of spirit interest in thestructure and estimation of trust interest. This paper also puts forward the detailedrules of estimation of the two interests. The fourth part expatiates on judicial protection of continuity and worth of trust interest. And it brings forwardadministration compensation and the compensation standard of trust interest loses.The fifth part analyzes the illegality of making bold to disobey TPP and how tooperate judicial judge in practice. And it should be treated as misuse of authority if theadministration principle part makes bold to disobey. The sixth part puts forward theassumption of how to improve TPP in China.