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Administrative Law Trust Protection Principles Study

Posted on:2005-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2206360125957714Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The principle of protection of reliability gradually grew up a basic principle of administrative law through Judicial precedent in Germany after world II,which is already obtained explicit acknowledge in concerned countries and districts of civil law after imitation , inheritance and development such as Japan and Taiwan and so on .But the principle of protection of reliability just began to study in the field of administrative law and apply in administrative law in our country, the principle of protection of reliability was first prescribed in administrative license act in 2003.the drafting administrative procedure act prescribed the principle of reliability and faith, too. thisindicates a new institution--the principle of protection of reliability is coming intobeing in the course of development of administrative law in our country.At present, the principle of protection of reliability is a popular topic in the study field of administrative law in our country. The principle of protection of reliability is positive meanings to protect reliability interests of private humans, to mould sincere and credit governments, to make a contribution to formal rule by law to substantial rule by law. In view of theoretic and practical lag , the principle of protection of reliability is studied > established and applied in the course of administrative law, which contribute to perfection of construction of our rule by law, contributes to protect legal rights and interests of private human and established sincere and credit government. The essay tries to give a systematic and complete exploration into the principle of protection of reliability in the administrative law ,absorb beneficial experience of protection legal rights and interests of private human and of keeping one's words of government ,put forward constructing the principle of protection of reliability which fit situation of our country.The essay consists of six parts, about 40000 words. Part one, summarily introduceconcept, composed elements , ways of protection and status in administrative law of the principle of protection of reliability and embody in other branch law. Part two, probe into theoretic basis of the principle of protection of reliability .there are some theories about the principle of protection of reliability: theory of stability of law, theory of basic rights , theory of stability of law , theory of principle of good faith , theory of social state and so on. The author agree with theoretic basis of the principle of protection of reliability basing on both theory of stability of law and theory of basic rights. Part three, introduce evolutional history of the principle of protection of reliability ,compare horizontally different practical form between civil law family and common law family, conclude constitutional background and cause of formation of institution of the principle of protection of reliability which came into being and developed. Part four, probe into some common type of the principle of protection of reliability in the field of administrative law. Part five, make a distinction between the principle of protection of reliability and the principle of good faith in the field of administrative law .Part six, Basing on above mentioned , conceive how to establish and apply the principle of protection of reliability and give rise to meaning of establishing the principle of protection of reliability.
Keywords/Search Tags:the principle of protection of reliability, stability of law, administrative act, good faith
PDF Full Text Request
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