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Protection Of Citizens’ Legitimate Expectation Under Chang In Administrative Regulatory Documents

Posted on:2015-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:J R XiaoFull Text:PDF
GTID:2296330467450440Subject:Constitution and Administrative Law
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During the current transition period of China, it is frequently necessary to change regulatory documents according to the amendment of higher rank laws, or the change of objective circumstances.while scholars, once the change is taken place, should face with the following issue with the construction of Chinese legal system for years:how to face with the faith of citizens in the former legal order and action about it,how to deal with the unpredictable adverse effects for citizens just because of their faith if administrative regulatory documents are changed with arbitrariness. This reality of this issue, on one hand, the executive authorities must implement efficiently the changed policy to achieve the purpose of chang according to the situation;on the other hand, the protection of legitimate expectation facing this potential threat should be taken into account. That makes the inevitable conflict between them. It essentially reflects how to coordinate stability and growth of reforms. While in the legal level, it reflects how to seek the protection for legitimate expectations and the tolerance of change in administrative regulatory documents to achieve the fair balance.This article is divided into four sections:Chapter one describes what is administrative regulatory documents as well as its nature and legal effect, then discusses the meaning of change of administrative regulatory document, and in legislative concept perspective it is divided into several types with specific analysis of the various types.The second part introduces the necessity of protection of legitimate expectations. Firstly it introduces what is legitimate expectations, then explains the origins and development of the protection of legitimate expectations; secondly, it is legal analysis of the protection of legitimate expectations. It analyses from the principle of rule of law and stability of law, the administrative principles of self-regulation and the principle of equality, the principle of individual autonomy and equality and the determination of the validity of administrative acts and the protection of legitimate expectations in four areas.Chapter Three focuses on lack of the protection of legitimate expectations in China. This section focuses on the defects of PLE principle and the standard of protection of existing law is fuzzy.The last part discusses about change in administrative regulatory documents with respect to the constitutional protection of citizens’legitimate expectations. Firstly it describes the applicable criteria of legitimate expectations about change of administrative regulatory documents,and the exception. And it introduces procedural protection, substantive protection, compensatory protection...
Keywords/Search Tags:Change in administrative normative document, Legally expectedprotection, Procedural protection, Substantive protection, Compensatory protection
PDF Full Text Request
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