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Trust Protection Principle In The Theory Of Administrative Law

Posted on:2014-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:H H LengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Trust protection principle is a basic principle, many continental law system countries trust protection principle is to protect the rights of administrative relative person’s legitimate, focusing on the protection of private rights. At the same time, in the exercise of administrative power by administrative organs in pay attention to public interests, pay attention to efficiency at the same time, also in order to maintain the legal rights of citizens. Trust protection principle is the product of the development of modern democracy, the rule of law to a certain stage, it has changed the past the government standard, the public interests standard of thought, pay more attention to fairness, equality and human rights, etc. Based on the trust to protect the original introduction, analysis of the trust protection principle in our country development present situation and the obstacles, and how to overcome obstacles and to establish the trust protection principles of administrative law in our country.This article mainly divides into five parts, the first part is introduction, mainly introduction to general trust protection principle in the development situation in the world; The second part mainly introduces the connotation of the trust protection principle, characteristics and theoretical basis. Trust protection principles of the connotation of the administrative act is made, it shall not be arbitrarily changed, because of special reasons must be changed to the administrative relative person of administrative compensation. Trust protection principles of characters have distinct era characteristic and democratic qualities, embodies the essential spirit of the modern rule of law. Trust protection principles mainly have three:the theoretical basis of the principle of good faith principle, method of stability and the principle of constitutionalism; The third part mainly introduces the trust protection principle in the development and application of two law systems, respectively, details the trust protection principle in the continental law system and Anglo-American law system and development condition; The fourth part introduces the trust protection principle in our country development present situation and the analysis of the importance. Which analyzes the trust protection principle in our country development present situation, the trust protection principle for the first time in China appeared in the administrative legislation is the "administrative licensing law", it is the emergence of trust protection principles in our administrative formally established. Then introduced to establish the importance of the trust protection principle in our country, with the change of the government management concept, efforts to build a service-oriented government has become the inevitable requirement of building a harmonious society. The traditional "state standard" and "social standard" thinking is not enough to guarantee the establishment of a harmonious society. Citizens must begin to consider the interests of the individual, the trust protection principle, the coordination of public interests and personal interests, legal value and fair value plays a decisive role; The fifth part introduces the idea of complete trust protection principle in our country. Trust protection principle in foreign countries has developed very mature, but in our country has just started, what is the principle of trust protection principles as a concrete or administrative law basic principle, the theoretical circle. And the principle of trust protection principles, not just an abstract, it must be specific, this request confirm on the legislation, the reasonable design of trust protection principle system conception, contribute to the growth of the trust protection principle in our country and apply.
Keywords/Search Tags:trust protection principle, public advantages, private interest
PDF Full Text Request
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