Research On Trust Protection In Administrative Contracts

Administrative contract is a kind of modern administrative method that is defined by law, as a method the administrative contract is vivid and active. Taking advantage of the contract will attain the effect for win administrative corpus and the administrative relatives double. So perfecting administrative contract system for developing administration will enforce the infusion vitality for traditional administration, we should develop this kind of administrative management style. But the author think that the protection of trust in administrative contract is exactly the key point for perfecting and developing administrative contract , If there isn't trust protection mechanism, there aren't any administrative relatives daring to stick his or her neck to make administrative contracts, if the administrative contracts can't be made, the administrative contract system will die. So the problem of trust protection in the research administrative contract is very significant. So the author puts forward the protection principle of the trust protection and rule of trust protection to support the relatives'contract right of the administrative contract, in the meantime the trust protection will develop administrative contract system also.The development of our country administrative contract faces to the problem that the administrative contract structure is out of balance, because the administrative corpus are false to lose control of privilege , the administrative corpus have powers from public benefits, But administrative contract relatives and administrative contract the system will result in huge damage, the administrative contract structure be out of balance of the result will result in trust crisis, it will result in administrative contracts system perish, so we have to build up a kind of system that can keep national administrative organization from abusing power to make unilateral decision, relief or change in the administrative contract at its ease, so in this way we can make sure to guarantee the dint and stability by the law of administrative contracts. Limiting the administrative contract structure the irregularity out of the balance. Preventing from appearing government and administrative contract relatives to have trust crisis.Trust protection is the good method which solves "structure out of balanced" of the administrative contract, trust protection should include principle of trust protection and the trust protection rule, trust protection principle and rule is established on trustworthy principle foundation for protecting administrative contract relatives, the law principle of contract right with concrete rule. The design which trusts protection principle to make a system to protect relatives whatever the administrative contract is legal because of the reasonable trust to administrative corpus .Trust protection rule compare trust protection principle is more concrete, generally speaking it's divided into two major types: one while making and experiencing administrative contract , how to pay attention to the administrative power, draw up an administrative organization method to prevent from the abuse of administrative power, two is in the experience of administrative contract, if the administrative corpus cause contract invalid or break contract, the administrative corpus will compensate the administrative relatives, here generally include responsibility indemnification, break contract responsibility indemnification, payment punish, the penalty fee indemnification, "save continuous protection" rule and "property protection" rule etc. To make administrative relatives believe that the legal right will not be infringed .Trust protection in administrative contract principle, include the function which the trust protection of administrative contract, the application of trust protection principle, legal theory basis, the theory basis of stability of law principle, author's point that the content of principle of trust protection, including trust, trust benefits, trust foundation, trust performance etc. concept and trust protect the important item of principle, so the author get such conclusion is under the general circumstance, government have to carefully obey contract obligation, in spite of legal or not, the administrative corpus have on power to change the administrative contract, unless acquire a certificate, because of public benefits the administrative corpus change contract contents, but have to compensate the expectation benefits of the administrative relatives. Trust protection principle protect the administrative relatives contract benefits. Making administrative power(for protect the privilege of public benefits ) in experiencing administrative contract with administrative relatives (the trust benefits be protected) format the balance of power of confrontation.How to apply the trust protection principle in the administrative contract, we should measure principle of administrative rule of law and the trust protection principle first, get the contents of experiencing administrative contract, together with constitution, law, administrative laws, section regulation, local laws, local regulation , so we get whether apply trust protection principle. Then measure trust protection principle and protect a public benefits principle, end getting to use "value measure method" while measure contract benefits and public benefits, when public benefits and administrative contract's benefits are conflicted, administrative relatives contract benefits mutually conflict, can make use of this kind of method to measure, when to measure a public benefits and trust a benefits in the individual case, trust benefits more worthy of protection, the administrative corpus has to obey the contract contents and protect relatives trust benefits; When public benefits more worthy than protect, the administrative corpus can change and cancel administrative contract, but have to give mostly equal to contract expectation benefits of repairing the rights of relatives.Trust protection rule in administrative contract of category and application is experienced government contract to make and implement medium, how to the source which fixes attention on administrative power, draw up an administrative organization method to prevent from the abuse of administrative power; It is fixing attention on the process of power behavior in the meantime, making sure fair procedure to control administrative power. For example establishing government assurance , to enumerate unavoidably responsibility item etc. the right compulsory realization of the assurance administrative contract, strengthen the trust of the relatives to the administrative corpus . Two in the experiencing government contract, administrative corpus cause contract invalid or break contract of under the circumstance carry on to the relatives, here generally include responsibility indemnification, break contract responsibility indemnification, the down payment punishment , the penalty fee indemnification, "save continuous protection" rule and" property protection" rule etc.. Its purpose to protect relatives from reasonable trust contract benefits, make the relatives believe that the own legal right will be protected.