Discussion On The Principle Of Reliability Protection In Administrative Permission

The Principle of Reliability Protection, which is originated in Germany and got flourishing after World War Ⅱ, has now become an important principle in administrative laws. The Principle of Reliability Protection plays a significant role in imposing restriction on the administrative discretion, protecting the rights and interests of administrative counterparts, realizing the equality under the public power, improving the administrative efficiency, and stabilizing the order of public administration, etc. The research on the Principle of Reliability Protection started late in Mainland China. The Administrative Permission Law of2003, which first introduced the concept of the Principle of Reliability Protection, is a milestone in the development of Chinese administrative law. Besides, this principle was applied to court decision of some administrative cases from then on. It is predictable that the application of the Principle of Reliability Protection in the administration of justice will be more and more smoothly, the function and boundary will begin to emerge gradually as well.This article is divided into five parts, which follows the thought of "what, why, how", discusses the Principle of Reliability Protection in-depth. The first chapter gives an overview on the Principle of Reliability Protection in the administrative law, probing into its concept, legal basis and historical evolution. The second chapter in Germany, Britain, the European Union, for example, the discussion of administrative license foreign trust protection principles and apply. The third chapter analyzes some provisions about the Principle of Reliability Protection in the Administrative Permission Law, which explains the working condition and rules of the Principle of Reliability Protection in administrative permission. The fourth chapter points out the disadvantages of the Administrative Permission Law on some typical case about the Principle of Reliability Protection. The last chapter points out the inadequacies of legislation, and then provides some ideas of improvement on the basis of Chapter Four.