The Principle Of Protection Of Reliability In The Administrative Law Of China And Its Development

The basic contents of the principle of protection of reliability are meanings, theoryorigins, applicable conditions and scopes. The principle of protection of reliability wasoriginally put forward by Administrative Law scholars from Germany and other civil lawcountries. After accepted by legislation, it has become an important principle ofAdministrative Law in civil law system, also played an important role in improving theadministrative legal system in civil law countries. The principle of protection of reliabilityin our country is faced with the problems that the applicable scope is too narrow, thedefinition of public interest is not clear, the administrative compensation system is notspecific. The development of the principle of protection of reliability is also facingobstacles. The objective obstacle is traditional administrative idea and mode, the presentobstacle is the lack of the spirit of rule by law and institutional resources. Our countryshould make the principle of protection of reliability be a basic principle of AdministrativeLaw, should establish honest government under the rule of law, establish and perfect thesystem of administrative compensation of reliability interests, make a clear boundary ofpublic interest.