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Administrative Trust Interests To Protect

Posted on:2008-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:F Z FanFull Text:PDF
GTID:2206360242457734Subject:Law
Abstract/Summary:PDF Full Text Request
The writer will carry on the research from four aspects in this text, chapter 1 is about the trust benefit definition; Chapter 2 is about the legal theory foundation of the trust benefit protection; Chapter 3 is about the trust benefit protection principle system; Chapter 4 is about the study of China's trust benefit protection system.When we lead the law principles into our research, we should know their intension and extension. Then we can master these principles and use them properly in legislation, law-enforcement and judicature. So in chapter 1 the writer will distinguish the intension of the trust benefit protecion from its extension, and think that the trust benefit potection principle is about protecting the reasonable rights of the administrative opposite persons in modern countries ruled by law.For the legal theory foundation of the trust benefit protection, this is a problem that has a controversy. The writer thinks the trust benefit protection has its foundations in philosophy, constitution and administrative law. In chapter 2 the writer will analyse these foundations separately.We lead any principle system into research in order that we can use it in practice. In chapter 3, the writer carries on a research about the composition , the protective ways, the relief system and the procedure of the trust benefit protection. The writer tries to draw some inspiration from the foreign systems of the trust benefit protection in order to promote the domestic research.At present there is a very big gap between the domestic research and the foreign research in the trust benefit protection. Although Administrative Permission Law of the People's Republic of China has already had some provisions about the trust benefit protection system, the writer think it only reflect the limited principle of the trust benefit protection. So how does our country establish and perfect the trust benefit protection? The writer thinks that the ideas and systems should be formed at first. Administrative organizations and their staffs should have the ideas in mind that they should protect the trust benefits of the administrative opposite persons; the legislative body should speed up making Administrative Procedure Law and Law on Administrative Compensition, and perfect the relevant systems about the trust benefit protection.
Keywords/Search Tags:honest credit, trust benefit, system, construct
PDF Full Text Request
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