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Trust Protection Provisions In The Administrative Procedure Act

Posted on:2012-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:P P WeiFull Text:PDF
GTID:2216330344950884Subject:Law
Abstract/Summary:PDF Full Text Request
Trust protection principle originated from the good faith principle of the civil law, namely it shall comply with the honest credit in exercising the right or performing its obligations. It initially belongs to civil law in the field of private law such as general legal principle. Along with the social development, people are more and more attention to a lot of conditions that don't comply with the honest credit existed in public law field. Therefore, it was much paid attention by people that the main sides in the field of public law should abide by the principle of fairness. The executive should provide protection to the reasonable trust interests of administrative counterpart, to avoid unnecessary losses to the other, based on which it was formed trust protection principle in the public law field. The trust protection principle is conducive to ensuring relative person's rights and interests, maintain the stability of law and play an important role in the essential rule of law to carry out. It also has important practical significance for our country to construct credibility government and a harmonious society.The text is divided into four chapters. The first chapter mainly discusses the basic theory of principle of reliable protection. Mainly is the concept of reliable protection principles, the based theory, and the legislation evolution of reliable protection. Last parte analyze the necessity of the reliable protection of our future administrative procedure law.The second chapter mainly analyzes and compares the several different versions of the administrative procedure law. By analyze and compare the various clauses of reliable protection, sum up the different and the links. Then put forward the question.The third chapter discusses the reliable protection clause of the foreign administration procedure law. Then the article counts the different reliable protection clause of the foreign administration procedure law. On this basis, by analyze and compare the various clauses of reliable protection, sum up the different and the links. The last chapter on the basis of the first three chapters, describe how to formulated reliable protection clause in our future administrative procedure law. From analyzing the value of the reliable protection clause of administrative procedure law, worked out reliable protection clause according with our national in administrative procedure law. In some systems it is how to reflect reliable protection clause. Make it better to promote the development of our administrative procedure law. Reliable protection clause standardizes administrative body by the law, Shape the honest government and achieve harmonious a social status.
Keywords/Search Tags:administrative procedure law, reliable protection principles, reliable protection clause
PDF Full Text Request
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