A Legal Study On The Principle Of Trust Protection

The establishment of the government good faith has beenlaunched in the whole society, which the process cannot be separatedfrom the support and protection of the social system. And the trustprotection principle is the most powerful legal system to build andensure the integrity of the government. When the principle is appliedto the Administrative Law, to ensure that reliance interest of the otherparty can get maximum protection, it requires that any commitmentsor behavior made by the administrative counterpart, should maintainits existence force without changing the administrative acts that havealready taken action or making arbitrarily to exchange the existingadministrative behavior generated by the law or order. As a foreignlegal system, it is not a long time that the principle was launched intothe China what caused some different voice in the academic study ofits theoretical system, and the fact shows that the development of it isfast. The spirit of trust protection principle reflected firstly on1999’sthe judicial practice, and then, especially in2004, with promulgationand implementation of the Administrative License Law, whichcreated our country’s legislation precedent of the trust protectionprinciple by absorbing kernel of the trust protection principle morethan once. In addition, the Comprehensive Advancement LegalAdministration Implementation Summary, Hunan ProvincialAdministrative Procedure and the Administrative Procedure Act(Tentative draft), also has embodied the spirit of the law to protectthe trust. And above all, we can see the trust protection principleslegal construction in our country has gotten the early results.However, when a legal system is ported to a new jurisdiction area, it calls suitable soil for their growth. Now, we are in acircumstances that country ruled by law and government good faithare developing, and with the increasing maturity of the theoryresearch of trust protection principle, the legal system constantlyimproved, the value of the rule is gradually rendering in theadministrative management practice. When it comes to the protectionof relative human rights, the restraining and regulating ofadministrative authority and the building of government integrity, etc,all above are permeated with the spirit of the trust protection principle.But unfortunately the value of the principle is not sufficient to showfully in the specific practice of administrative law enforcement, onthe one hand, the legal system is still imperfect, the way aboutprotection trust interests is still not sound, and the appropriateprocedures that weigh the interests of the trust and the public interestare absence. On the other hand, the Administrative Networking alsoput forward higher requirements on the protection of the interests ofthe relative. The active and value of law lie in the practice. Onlycontinuous practice to improve the institutional system of the trustprotection principle in the domain of administrative law, can itcontinue to highlights the value of Right Guarantee in theenforcement practice.