Application Of The Principle Of Confidence-Protecting In Administrative Guidance

As a new model, administrative guidance has been widely applied to the economic, technological, social management and other administrative areas, is becoming one of the important mthods to achieve the functions of government. But due to the imperfections of the legal system, its widespread adoption has also had some questions, the resulting administrative disputes arising from misleading need of the legal system to regulate and set up relief channels. The author believes that first of all I should analysis of administrative guidance, understand its meaning, the legal nature and its development in China, then I have to thorough analysis of administrative guidance of the problems, so I know that the need for application of the principle of confidence-protecting in administrative guidance. As a basic principle of administrative law, the principle of confidence-protecting also should apply to administrative guidance. However, due to administrative guidance of the inherent properties, the principle of confidence-protecting should have more specific conditions for application in administrative guidance, its application should also be subject to specific restrictions. Because the administrative guidance has different modality, combined with the scope of application in the principle of confidence-protecting, we must try to analyse the concrete application of the principle in administrative guidance. The author believes that the application of the principle of confidence-protecting is related to the Balance of interests between the administrative organ and the private party. Because of the specific application of the principle is easy to lead to conflict in practice, at the same time in view of the characteristics of administrative guidance, making the application of the principle in administrative guidance has great difficulty. Trust benefits of the private party is difficult to be protected. We must seek one or several possible means fundamentally to ensure the protection of the private party's trust benefits.Therefore, we introduce the principle of confidence-protecting in administrative guidance, and study on the establishment and operation in administrative guidance, to seek the effective protection of the trust benefits. It will enable the smooth implementation of administrative guidance, to safeguard the Government's good faith and promote administration according to law.