Principle Of Protection Of Legitimate Expectations In Administrative Law

The Chinese government is currently in the transition period, buildingservice-oriented government has become the consensus of the community．Therefore,how to be more rational streamline administration and institute decentralization, howto control the power of the government has become an issue of practical significance.Now， when the government to change the administrative act that they havepreviously made or due to objective circumstances change administrative normativelegal documents circumstances have occurred, in this case, how to face the peoplewho did not change relative due to the trust the old legal and has sufferedadministrative acts unforeseen adverse consequences of the damage became a legalsystem construction’s problem which can not be avoided.The essence of the problem is that the executive may change the situation or theneed for the public interest, in order to achieve the purpose of improvingadministrative efficiency as quickly as possible, but they should take care of the lawbeing a potential threat to the people’s trust relative. The government how to changethe administrative practices legally, which change the behavior of how to define theboundaries became more and more important. The principle of protection oflegitimate expectations give us a positive and effective solution to solve this problem.It judge and weigh the principle of protection of legitimate expectations andtolerance between government’s acts.We should be noted that, from the perspective of comparative law, the principleof protection of legitimate expectations of from German law as the same as theBritish law, but both the scope and meaning of applicable not exactly as the same.The concept between them is not a simple relationship, they have the inextricablyrelationship. Therefore, in this paper, we study the legitimate expectations is not tosimply replace the principle of trust protection, but as much as possible to make upfor our lack of the principle of trust protection, and the legitimate expectations of the benefits system into the principle of trust protection.This article will be divided into four parts to introduce the principle ofprotection of legitimate expectations.The first part mainly introduces the origin and connotation of the protection ofthe principle of protection of legitimate expectations. Because of the theory of thelegitimate expectations has be not studied deeply enough in our country, the firstsection would introduce the legitimate expectations in Germany, the UK, on thedevelopment of EU law. I hope to introduce to the legitimate expectations of givinguseful lessons．In the third quarter, the paper discusses the several reasons why weprotect the legitimate expectations, including the protection requirements based ontrust, based on the rule of certainty, predictability and fairness requirements, basedon the requirements of good administration, based on economic efficiencyrequirements. Based on the study of foreign law about the principle of protection oflegitimate expectations, combined with our academic research, the third section willbriefly present the connotation of legitimate expectations; then we initially expectedto give the constituent elements of protection of the legitimate expectations.The second part we will discuss the necessity of the principle of legitimateexpectations in our country. Mainly discusses the following two aspects: First,investigate the protection of legitimate expectations and trust relations, pointing outthe inadequacies of trust protection principles, reflecting the superiority of theprinciple of protection of legitimate expectations; then from the semantic andpractical of the legitimate expectations to discuss the need to introduce the principleof legitimate expectations of protection.The third and fourth parts are the most important chapters in this passage. Thethird part mainly from the procedural of legitimate expectations to discussthe implementation and improvement in our country. In this section, firstly, twoscenarios of procedural of legitimate expectations are given，then from the legitimateexpectations of the legislative process, the executive discretion to change the courseof the judicial review process and restrict the ability of the program to explore thelegitimate expectations of the procedural protections in our country implementation and transformation. Finally, we propose to re-focus on the deconstruction of abuse ofjudicial review standards.The fourth part focuses on the physical protection of legitimate expectationsand the implementation of the transformation in China. This part of the study areexpected to exist in the legal protection and survival compensation (compensation)to protect two kinds of protection, which is a complete physical protection andcompensation for damage protection.In this chapter, we also to give the scenarioabout the physical protection of legitimate expectations; Then from the point ofcomplete entity protection clause, transitional provisions and damage compensationclause describes the three different physical protection of substantive legitimateexpectations of protection in the implementation and reform in china.