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The Application Of Trust Protective Principle In Administrative Cases Of China

Posted on:2013-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
GTID:2246330371489342Subject:Constitution and Administrative Law
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Principle of protecting trust had more and more attention and research from domestic scholars as theone of basic principles of administrative law. However, there is less entity of the regulations and laws aboutprinciple of protecting trust in the administrative substantive law of China. At present, theinstitutionalization of principle of protecting trust is mainly express in the People’s Republic of China onAdministrative License Law, and we also have not the written administrative procedural law. All about thespecific rules of principle of protecting trust showed through each special administrative law andadministrative procedure law. So there have many problems during the process of judicial application. Thisphenomenon caused by what we promise to protect benefits of relative person, yet repeatedly change orrevoke the effective administrative behaviors, against with interests of relative person. On one hand weloudly promote the honest government, and demand to protect citizen’s trust interests, but we are not giventhe corresponding relief to them when the trust interests are damaged. China has been exist conceptualmistakes by research, and it can affect application of the principle and the process of legal seriously.The reason why we should study the principle of protecting trust, mainly order to promote the functionof trust protection in practice. In reality, there occur some situations, like people’s reasonable trust isinfringed and the government’s treachery is always reported. Recently, with increasing development of lawin administration, this phenomenon must be taken notice. Government would break its promise to people,and the credibility will also damage. This paper focuses on the problems during the process of trustprotection principle application, and simple solution for these problems.This article is divided into three chapters. In the first chapter, I introduce the basic theory of trustprotection principle; include the concept, condition and protection, origin and the development status inChina. In the second chapter, I discuss the application of trust protection principle among the typical casesand the lack of administrative application. According to these lacks, the part would focus on the reasons forsuch consequences. In the third chapter, I put forward the solution to make up for problems. If lacking ofcorresponding relief, the principle of protecting trust will be empty talk.
Keywords/Search Tags:Trust interest, Trust protection, Principle of protecting trust
PDF Full Text Request
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