| In order to protect the trust interest of the administrative relative person,"Administrative Licensing Law"places restriction on both alteration and withdrawal of the legal administrative permission and withdrawal of violation. Tobacco Monopoly Permission belongs to administrative permission. As a direct and legal basis to the tobacco monopoly permission, the new"Tobacco Monopoly License Management Methods"first should completely reflect provisions of trust protection according to the"Administrative Licensing Law", furthermore, it should detail the trust protection for the administrative relative person. Unfortunately, as a lower position law and rulemaking for departments, the new"Procedure"still has a strongly administrative controlling color, also it lacks humanism caring for the administrative relative person's trust protection, thus it can't meet the requirements of the modern administrative law.This paper summarily analyzed the defect in legislation of administrative relative person's trust protection and confusions faced, also it analyzed the relevant provisions connecting with the general theory in trust protection. In the end, views about how to implement trust protection of tobacco monopoly permission were pat forward, on the basis of administrative concepts, legislation and institutional construction through combing actual tobacco monopoly permission.Executive power should be restricted, the trust relative to administrative interest should be protected is to establish harmonious administrative relations, improve administrative efficiency, and establish credibility image of the government the only way. Administrative license changes in executive protection trust to protect the core of operating mechanism, should lawmakers and administration, enforcement of great concern. Administrative concepts to changes in legislation to improve the system must converge, operation must be specific on the run way and standards is to solve the executive protection trust relative to the key. This is the goal of the article. |
