On Judicial Application Of The Principle Of Administration Trust And Protection

Trust protection principles are an important basic principle of administrative law. Focus on the principles of trust to protect the legitimate rights and interests of the executive relative protection, while respecting the exercise of administrative authority to safeguard the public interest at the same time, focusing on protecting the legitimate rights and interests of the executive relative side reflects the real rule of law, equality, justice, human rights and other basic concepts. But not yet fully developed in China's legislation implementing the principle of trust to protect the rule of law, leading to the courts for judicial review of legislation on the basis of absence, which is not conducive to the interests of the executive relative person's trust to provide judicial relief. Hence the need to strengthen the protection of the principle of trust applied research in order to protect the legitimate rights and interests of the executive relative. This paper attempts to apply from the judicial point of view on how the correct application of the administrative proceedings to protect the principle of trust to make a study.The introduction of the paper introduces briefly the basic profiles of the paper, such as research purpose, and research meaning, etc.This first part introduces the basic connotation of trust protection principles to explain the principles of the composition of the elements; the next analysis of protection principles of trust law which created the foundation and private foundation for the later application of the principle of justice has laid out a detailed demonstration of the theory.The second part of the trust protection by extra-territorial application of the principle of judicial experience in the introduction, respectively, summed up the principle in civil law and common law applicable to the valuable experience of the judiciary; points out the three points outside the experience of enlightenment in China:development of "Administrative Procedure Act," provides for judicial application of the rule of law basis; to play a principle as a basis for judicial review of the value; the creation of a guidance system in the case of China's special characteristics. The third part of the trust in the judicial protection principles apply to the status quo in China is described. First, from analysis of three aspects of the application of the principle of justice in our country with deep-seated conditions:Perspective transformation of government functions in order to reveal the functions of administrative body positioning; To the formation of civil society perspective, revealing the administrative relative enhancement of the status of human subjects; Administrative litigation system, for example, reveals the principle of justice applicable to institutional basis. Secondly, while affirming the principle of justice in China has met the conditions of application at the same time, pointed out in the judicial application of that principle in the face:Separately from the legislative and judicial practice in China reveals the principle of justice applies to deficiencies.The fourth part of the closely linked to above, the judicial application of the principle of trust to protect the shortcomings, and it ought to be a detailed analysis from the perspective of the principle of judicial practice in China in the perfect situation. First through the application of the principles discussed in the review of the scope of the review criteria, review methods, introduced the principle of judicial review of the content; secondly, through the two cases, to grant benefits and burdens of administrative act administrative act in the interests of the protection of the trust point of view, specifically demonstrated the application of the principle of justice; finally, the expansion of the scope of accepting cases, to review the legality of the standard meaning of the Evidence system expansion, as well as a sound point of view, put forward in perfecting the administrative proceedings trust protection regime.