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On The Principle Of Trust Protection In Administrative Law

Posted on:2015-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:L X XuFull Text:PDF
GTID:2296330467469411Subject:Law
Abstract/Summary:PDF Full Text Request
Trust protection principle originated in Administrative Law from thegood faith principle of the civil law, namely it shall comply with the honestcredit in exercising the right or performing its obligations. Along with thedevelopment of social, people are more and more attention to a number ofconditions that don’t comply with the honest credit existing in public law field.Therefore, it has won acknowledgement among people that the main sides inthe field of public law should abide by the principle of fairness. The executiveshould provide protection to the reasonable trust interests of theadministrative counterpart, to avoid unnecessary losses to the other, based onwhich the trust protection principle in the public law field was formed. Thetrust protection principle is conducive to ensuring relative person’s rights andinterests, and maintaining the stability of law, thus playing an important rolein the essential rule of law. Protection principle of administrative trust belongsto an important principle established in Administrative Licensing Law.However, in Administrative Licensing Law the regulations related to trustprotection cannot show spirit of trust protection, and the norms to operation indetails for application should be define further. The author makes an in-depthcomparison analysis into relevant regulations in trust protection in foreigncountries and Taiwan in China based on the illustration of the concept andtheoretical foundation of trust protection principle. Meanwhile, Administrative Licensing Law setting rules for trust protection principles inChina mainland is delved into for the analysis of relevant trust protectionclauses before corresponding policies and measures are put forward tooptimize the trust protection system in Administrative Licensing Law in China,to detect the disadvantages and shortcomings among it and try to proposeconcrete methods and suggestions to perfect this law from the aspects ofdefinition and quantization of public benefits, accomplishment thecompensation, range and standard of administrative licensing, construction ofcompensation procedure of administratice licensing and so on.
Keywords/Search Tags:Principle of trust, Administrative Law, AdministrativeLicensing, Public Interest
PDF Full Text Request
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