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On Trust Interest Protection Principle

Posted on:2007-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:X M MaFull Text:PDF
GTID:2206360185972329Subject:Law
Abstract/Summary:PDF Full Text Request
The Good Faith Principle for the inevitable principle that the modern country under the rule of law, is also a necessary request to reform the traditional administrative act mode. This principle, as the general law principle or the super-level principle, inevitably takes to the characteristics of abstraction and ambiguity. Because the principle is the codification of morality.With regard to the principle, different legal domains have different embodiments and in the administration law is the Principle of Reliance Interest Protection. It means that in the modern society under the rule of law or the construction of it, for the sake of the equilibrium between the proper rights of social members and public benefits, and the the essential rule of Law, the Administrative Body can not change the invariable factors that the members of the society trusted in with reason in the process of administrative act, and if the trust worthy of protection, the Administrative Body must compensate the members of society reasonably for the loss after changing above-mentioned invariable factors.Nowadays, the Principle of Reliance Interest Protection, already has been taken into the provisions by the clear statement in many countries. Our country have Passed legislatively The Administrative Permission Law of People's Republic of China on August 27 in 2003, although there is not explicit mention of the concept of the principle.More attention in this dissertation will be put on exploring the origins and connotation of the Principle of Reliance Interest Protection, investigating the different conformations in the different administrative acts, observing 'the first case on administrative compensation in Chongqing' with the identify of the principle above mentioned. The research approach in this dissertation is case investigation combining theory study. The dissertation can be...
Keywords/Search Tags:the Principle of Reliance Interest Protection, the Good Faith Principle, administrative compensation
PDF Full Text Request
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