Trust Protection Principle Of Administrative Law

The principle of reliance in administrative law is a basic principle in administrative law and originated in Germany at World War Two. It then had been devoloped in many countries and areas and now it has become an important principle and has been prescribed in the laws of those countries and areas. But in China, on one hand ,this principle is seldom applied;on the other hand, the breaking of the principle not seldom happens. Though more and more scholars realize this, the study on this principle is still superficial.The principle of reliance in administrative law is an important principle to balance public authority and private rights. This principle is helpful to safeguard private parties' rights, to restict administrative organs,to stabilize the adminstrative law relationship,to eastablish faithful government. So the study on this principle has profound meaning to building our harmonious society and achieving the goal of managing the state affairs according to law.The thesis is divided into four parts. In part I, it introduces some bacis theories about the principle of reliance in administrative law,including the conception, the differences between the principle and other two relative principles. The most important content in this part is about the application and realization of this principle,which ,of course, is fully explained in the thesis.In part II, the method of comparative analysis is used to distinguish the different system of the principle of reliance in administrative law between the two legal systems, taking Germany, Japan,Taiwan and TheGreat Britain ,United States as exaples respectively. The thesis makes a conclusion based on the comparative analysis and uses the conclusion on conditions of China.In part III, the thesis expouds the necessity of determination of the principle of reliance in administrative law in China. The questions of the application of the principle now in China are also explained in this part. In the last part, the thesis proposes some resonable advice on how to perfect the principle of reliance in administrative law in China. The most important piece of advice is that China should also pay attention to the protection of reliance interest of the third party,which is seldom refered by other scholars.In a word, the principle of reliance in administrative law is not insignifcant but important to China socialism building. It is significant to study further on the principle of reliance in administrative law for promoting the realization of scientifically developing and harmonious society in an all-round way.