Research On The Principle Of Trust Protection In The Application Of Administrative Act

After the Second World War, the principle of protection of reliability as anewcomer in the basic principles of administrative law in Germany, after a number ofyears, this principle has been applied in many countries. At that time, the principle ofprotection of reliance caused the concern of many scholars, in theory and practice todo a lot of research. However, compared with civil law countries, the theory andpractice of the principle of protection of reliability has been in a backward state. Withthe development of economy, the government’s power gradually expand, thegovernment’s administrative act with random, arbitrary. Reflect the process of changein law enforcement, administrative organs such as the administrative behavior beforecancellation, change, Abolish act. Especially in terms of the administrative license isvery obvious, the legitimate interests of citizens by administrative organs removed,modified, waste and losses. The reliance interest administrative organ damage casesrelatively frequent. Since then, how to protect the interests of the relative person’strust began to really be legal scholars in China are concerned.China has always advocated "ruling the country by law" policy, which requiresthe government to exercise administrative power in accordance with the law, it is thegovernment’s request, on behalf of the state administrative law enforcement officersin the enforcement process, work according to the laws, regulations of china. Therelationship between rational deal with the government and citizens of both, and isconducive to the discretion of public right to prevent unreasonable abuse, a reasonablebalance between public power and private rights. This requires in reality make thecitizen administrative actions undermine the government’s vested interest orexpectation interest events is less and less, the government can truly honestgovernment, responsible government, legal government. This, In addition to thegovernment to fulfill its due authority outside, To safeguard the legitimate rights andinterests of citizens as its purpose. The principle of protection of reliance to the restriction to administrative behavior, for help protect the legitimate interests ofcitizens suffer adverse effects or loss.