The Development Of The Principle Of Reliance Interest Protection In China

The principle of reliance interest protection was formally brought into Chinese mainland administrative law system in the year of2000by scholars.Over past14years,it has been the indispensable constructive element of administrative law in mainland of China.In its developing process,there were two main lines which represented the theory and the practice.Before the year of2004,as the main engine,the theory constructed the basic concept system by introducing the comparative law from Germen,Japan and the region of Chinese Taiwan.About the year of2005, by legislation and judicial review,the line of practice which based on Chinese native created a diversified protective frame which differed from what created by theory,which concentrated on"Protecting Government’s credibility".It has become the decisive element in this period gradually.After finishing those analysis above and looking forward to the future.We think that if we want to construct The Chinese protective principle which based on different case forms and fixed the uniqueness and universality,we should establish it in our national conditions and regard protecting government’credibility as the basisi,Specifally.The first part,this article introduces simply the specific conditions of the principle in theory and practice of Chinese administrative law,and find that its chinization process has been started,but the process hasn’t been finished finally so far.And then,this article contends that we should trace to its source by the means of exploring its generating history,by which ways we can find many elements in its history,we can comfirm its current situation.The second part,this article analyses theories and practices around the year of2000,finally getting a result that this year should be regarded as the principle’s base point in Chinese administrative law.In this year,scholars with professor Hehaibo,Qijiangang,Shenlinrong and Liuxiaobing as their stellar representive,constructed a higher origin for this principle’ chinization by three article.However,in this period,this principle wasn’t put into use.The third part,the article describes the principle’s developing route from last period to the time of the case of YiMing company. We can elaborate on the history in three aspects.First,it analyses three parts in theoretical fields:Protection of reliance interest,The honest and trust principle and The legitimate expectation.Sceond,the article expounds the representative legislations such as Administrative Permission Law.Third,construing representative cases:The case of YiMing company and The case of YangPuDaYuan company.By the content above,this article draws a conclusion that this principle still relied on theoretical constructing.On the other hand,the energy came from legislations and courts is rare,but we can’t ignore the features from those,which were different from theory.In the fourth part,we can see the history from last period to the year of2012,when The Supreme People’s Court published five typical cases such as the case of WuXiaoQin.So we can find the basic situation by theoretic comparison and analysis to the cases in district courts.First,the basic frame was steady,but there were still controversies in some fields such the range of adaption and historic source.Second,The legitimate expectation has started to be the main relative principle instead of The honest and trust principle.The court system,with the district courts as represent,began to self-created,we can observed it in following fields:the range of adapting fields have been extended,especially in The Intellectual Property Law;Five main adapting routes have appeared and some common view has generated gradually,such as effects of fault liability.As to the "Five cases"metioned above, which have meaning of nodal point. Although there were some differences in adapting ways,it’s obvious to see their differences with those theoretic models:hightlighting the protection to the relatives’interests under the basis of reliance.The foundation of this route is paying attention to the Government’s credibility.In this period,the judicial practice has substituted for the theory and become the main engine of the principe’s chinization.The fifth part,based on discussion above,this article introspects on the history of this principle’s chinization.Finally this article finds a preliminary result.First,some common views of theory has generated,but it still lacks of attention to Chinese native;Second,the judicial practices have filled in the blanks positively,but it produces an anxiety about abusing of this principle,even it will be treated as an ancient saying:"Carrying a wood to build credition."On these basis,this article gives some concrete suggestions:First,this principle must be established in Chinese nationa conditional;Second,this principle should depend on protecting government’s credibility;Third,we should build an diversified adapting moldel which combines universality and uniqueness.