An Analysis Of The Trust-Protection Under Mixed Fault Situation

Trust protection is a very important principle of Administrative Law, which still has dispute between implementing in reality and theory. In the law circles, legal administrative behavior of benefits-rendering in nature cannot be abolished in theory, meanwhile illegal administrative behavior of benefits-rendering is also cannot be abolished on condition that beneficiary is innocent. T have studied related cases about the administrative behavior of benefit s-rendering and come to an idea that administrative counterpart benefit protection cannot be just restricted to unilateral mistake of administrative subject. And the benefit protection should take one special condition-mixed fault, which means both parties commit mistakes into consideration. Based on the juridical practice cases and by the analysis of administrative laws, administrative regulations and legal reasoning, this thesis statement proves that trust benefit still needs to be protected. At the premise of admitting the reliance interest under the circumstance of mixed fault, this paper will have deeper analysis of how to have better protection of administrative counterpart.According to the above logic, this paper is organized as below three parts: the first chapter is about the introduction of the main study subject and the summary of trust protection. This paper subject will be led by a typical case and the subject is whether the reliance interest exists when administrative organization and administrative counterpart have mixed fault. At the last part of the chapter, trust protection is mentioned and its definition is defined at the level of traditional concepts. At last the comment of trust protection of the typical case is made.The second chapter demonstrates that trust protection is reasonable under the circumstance of mixed fault from the concrete administrative law and constitution to abstract juridical logic. Trust protection under mixed fault condition mixed fault accords with administrative legal system, basic rights protecting and concepts of rule by law in the constitution. And it conforms to actual legal institution request, form of the rule of law and the balance of rights and obligations.The third chapter mainly discusses the specific usage of trust protection. Firstly, legal fault and mixed fault are defined. Secondly, reviewing of trust protection under mixed fault case is discussed at the aspects of key components rang of application and review standards. Lastly, the reliance interest of mixed fault is weighed and discussed. As for the particularity of mixed fault, the reliance interest usually means safeguarding of assets and it refers to "compensation culpae"principle of civil field. The reliance interest will be judged after both administrative sides undertake the due obligation.