On The Principle Of Trust Protection In China Administrative Licensing Law "

The principle of protection of trust in administrative law originated in Germany. Gradually, it became a basic principle of administrative law through judicial precedent in Germany after world II. The principle of protection of trust played an active role in building government of good faith, in protecting legal rights of private human, in promoting formal rule by law to substantial rule by law. But in a long time, China did not pay full attention to the principle of protection of trust in administrative law. Until 2004, the principle of protection of trust in administrative law was first prescribed in administrative license act. It promoted researching the principle of protection of trust in administrative law into a new stage.In order to analyze and perfect the principle of protection of trust in administrative license act, play a role in protecting trust interests of private human, promote the principle of protection of trust becoming one of basic principles in administrative law, the essay consists of five parts. The first chapter focuses on the definition, the theoretical background and development of the principle of protection of trust in administrative law. The key to definite the principle of protection of trust in administrative law is to distinguish the object of trust and to distinguish the object of protect. The theory of principle of good faith, the theory of stability of law, the theory of basic rights are the most direct source, direct source and indirect source of the principle of protection of trust in administrative law respectively. The second chapter focuses on the necessity of building the principle of protection of trust in administrative license act. The third chapter focuses on legal provisions about the principle of protection of trust in administrative license act, point out how to apply the principle of protection of trust. The fourth chapter focuses on legislation inadequateness of the principle of protection of trust in administrative license act. The fourth chapter focuses on methods of perfecting the principle of protection of trust in administrative license act. Methods of perfecting are applying variety ways to definite public interests, quantifying public interests and trust interests, applying the principle of proportionality to measure public interests and trust interests, establishing compensation standards and compensation Process, superinducing exist protection of illegal administrative license, establishing revocation procedure of administrative license.