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Trust Protection Of Administrative Planning

Posted on:2012-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:L HouFull Text:PDF
GTID:2206330335998273Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This paper gives a detailed analysis of the recent condition of trust protection in our country's Administrative Planning and proposes the Trust Protected Principle should be established in it. I combine related cases and give some opinions and advances in this paper which focus on application of trust protection, requirement of application in Administrative Planning of our country, in what way to realize their own trust interests for the private party and so on.This paper consists of four parts:In preface, I have given some brief introduction and analysis on legal nature of Administrative Planning which is the basic of research in this paper.The first part expound Administrative Planning of our country should establish the Trust Protected Principle. This conclusion is comes from discretionary and variability of Administrative Planning, the related legislation and implement condition of our country's Administrative Planning, the theoretical principle and norm basis of establishing the Trust Protected Principle in Administrative Planning.The second part expound the application of Trust Protected Principle in our contury's Administrative Planning. I consider the principle should mainly apply to modification or abolishment of Administrative Planning and revocation or abolishment of benifical administration action which occurred in follow-up of it.The third part combine related cases and expound the constitutive requirments of Trust Protected Principle in our contury's Administrative Planning. And disclouse the subject, object, target of trust protection in detail which should be applied in administrative planning. So I consider that trust interests and the balance of public interests in some given situation should turn into the constitutive requirments of Trust Protected Principle in our contury's Administrative Planning.The fourth part gives a detailed disclosure of how to realize the trust interests of private party in a better way in Administrative Planning of our country and introduce two trust protection ways which are preservation protection and property protection. And gives some related advances for perfecting the way to realize the trust protection in a mode of prior restraint, control during the event and contractual remedy.
Keywords/Search Tags:administrative planning, trust protection, essentiality, constitutional requirements, realization
PDF Full Text Request
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