Research On The Correlative Problems Of The Good Faith Principle In Administrative Law

Good faith is derived from a legal and moral principles, it is first of all to establish in the field of civil law, but with the development of jurisprudence, the good faith principle has been from the area of civil law transition to the field of administrative law, but because of the difference between public law and private law, its meaning must be the difference. This article borrows the ideas from the good faith principle in civil law to elaborate the meaning of the good faith principle in administrative law and the requirements to the administrative law relationship. the good faith principle in administrative law plays a role in its establishment of administrative law is to address the primary issue, from the legal basis of this article, as well as the constitutional basis of its established areas such as analysis of reality based on the principle of good faith established in the administrative law necessity, but because of the non-codification of China's administrative law, so the establishment of the good faith principle to be adopted to complete the Administrative Procedure Act. Although the good faith principle established in the administrative law has been accepted by most scholars, but a short time as a result of the development, theory and practice there are still problems. First of all, in theory, this paper based on the focus of debate between scholars—the relationship between the good faith principle in the administrative law and the credit protection in administrative law. From different perspectives to explain the good faith principle is the basic principle of administrative law as a necessity, the credit protection in administrative law is just a specific rule under the requirement of the good faith principle. Secondly, based on the concept of development and the government credit requirements, the good faith principle in this article on the issue of administrative law practice and the reasons for the existence of a analysis of the good faith principle in administrative law made perfect the practice of strengthening the main administrative integrity of service, in administrative law clearly stipulates the good faith principle, clearly the main bad faith on the Chief of the national compensation, liability, definition of public interest and the realization of the chief relatively clear, such as the concept of the obligation.