Research On The Principle Of Reliance On Administrative Licensing

The implementation of the "administrative licensing law" made the trust protection principle in the administrative permit law Widespread attention On July 1, 2004 in China, The principle of reliance protection is formed in Germany court case after the Second World War. Which plays an important role in the construction of honest government, the license of the benefit protection, the form of the rule of law into the substance of the rule of law and so on, it highlights the unique color. Since in 2004 promulgate "Administrative Licensing Law", the research for the principle of protection of reliability is entering a new stage.In order to applying a more comprehensive interpretation of the trust protection principle in administrative license in China, it will be full of the trust protection principle in administrative license revocation of change, the protective effect on the licensee of reliance interest to acme, establishing comprehensive legal status of the trust protection principle in administrative law, which carries on the elaboration and the analysis from the in four directions, the principle of protection of reliability theory origin, theory and value analysis, the direction of selection is mainly to let us have a general understanding and overview of the principle of reliance protection; this direction of development status of trust protection principle in foreign countries let us profound discovery of foreign research in this subject achievement and the applicable method, obtained the enlightenment; the principle of protection of reliability issues in our country development; there is insufficient to countermeasures on the lack of perfect countermeasure. The provisions of the principle of trust protection is focusing on property protection in the protection mode in our country, the existence of protection lacking of provisions is not clear; in the protection of the object, the extension of the large hours; for the revocation of the administrative licensing law in the entity and the procedure does not correspond, The procedures can not support the contents of the entity; the lack of compensation standards and procedures on administrative licensing compensation, which makes the durability greatly, and easy to cause the unfair; We need to find the trust protection principle for the development of China’s administrative law as soon as possible. Any kind of legal principles are not possible only from one angle or a level to explore the clear, we need from the all-round angle to discuss its value and color. And we set out to study the principle from four aspects.Drawn from the procedure, and the compensation of three mechanisms must be consistent fundamentally, a variety of mechanisms do not require are perfect, but at least in the protection of reliance on these three mechanisms must be matched, the principle of protection of reliance on the procedure and entity does not match, it requires us to learn from foreign development rules and the development of China characteristics, the two compensation mechanisms do not match, which has requested that we must always people-oriented, from the idea of constitution on the protection of citizens the reliance interest, to seek to the trust protection principle for the development of our country in the field of administrative law.