A Research On Trust Protection Principle Exerting In Administrative Litigation Of China

The principle of protecting trust originated in Germany, it has become an important principle of administrative law in many countries subsequently. Formally, administration trust interest is one form of personal interest, but essentially, it is a result of conflict of interest between individual and public. In modern administrative management, the principle of protecting trust is become more and more important, it runs through every domain, every lay and every tache of administrative management and administrative law.The Administrative License Law of The People's Republic of China, which passed on August 27th, 2003, proved the principle of protecting trust. The Administrative License Law of The People's Republic of China is the first law of China which refer to the principle of protecting trust, but it limits in administrative license, the trust interests in other aspects can not be protected. People also can not protect their trust interests by administrative litigation.The protecting trust principle should become the basic principle of administrative law. It should be in every aspect of modern administrative management. When the trust interest is damaged, the administrative litigation should come into force. Because the administrative legislation of China is faultiness, the principle of protecting trust in administrative litigation is short of law gist. The route of exerting the principle is needed.The thesis consists of the preamble, main body and the epilogue. In particular, main body is composed of four chapters.In the preamble, I emphasize the significance of the principle and introduce the status of the principle of our country. In the first chapter, I introduce the intension,constitute and protecting approach. In the second chapter, I expound the necessity of the principle in administrative litigation. In the third chapter, I put forward how to choose the route to protect the trust interest by studying foreign systems. In the fourth chapter, I put forward the examining step,examining object and judgment form. Finally I mention, if we want to protect trust interest perfectly, the relative systems construction is needed.