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The System Construction Of Trust Protection Principle In The Legislation Of Administrative Contract

Posted on:2017-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:H YuanFull Text:PDF
GTID:2296330488456665Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative contract is a flexible way of government in administrative management, which is widely used in practice, cause our government is converting to service-oriented. Although the administrative contract is widely-utilized, the legislation of the administrative contract is still lag behind, compared with the administrative organ, the concerned person is in a weak position, the rights of administrative relative person would be abused easily, so it is very necessary to use trust protection principle in the legislation of administrative contract, in order to protect the concerned person. This article is divided into five chapters to introduce trust protection principle in the legislation of administrative contract in detail.In the second chapter, it shows the current situation of trust protection principle in the legislation of the administrative contract. The concept of the administrative contract and trust protection principles is simple described, and emphasize the status of trust protection principle in administrative contract. For instance, the current quote status of trust protection principle in the local administrative procedures, the rule of locally-formulated administrative contract, and the present situation of the deficiency of quote of trust protection principle in the legislation of administrative contract.In the third chapter, it is expounded the necessity of introducing the trust protection principle in the legislation of administrative contract. This chapter consists of two parts. In the first part, it is showed that there is prior right for administrative subject in administrative contract; in the second part, it is indicated that the basic principle is to introduce trust protection principle, in order to solve the problems in the adaptive process of administrative contract.In the fourth chapter, it expounds present application of trust protection principle in the civil legal system administrative contract, in China, there is plenty of research on administrative contract and trust protection principle, but there is not any legislation of the administrative contract in practice. So, the reference and establishment of natural trust protection principles would be insufficient. However, in the civil legal system, the legislation of trust protection principles is relatively perfect, especially in Germany. For example, the trust protection principle is not only the basic principles of administrative law, but also the level up to the constitutional principle. So the study of the situation of trust protection principle in legislation of the civil legal system administrative contract is of great significance.In the fifth chapter, it is focused that how to introduce the trust protection principle to administrative contract. Because in China, there is not any administrative procedure law which is suitable in national wide. Whereas in other the civil legal system countries, such as Germany, South Korea, they both have the administrative procedure law, and specific rules of administrative contract in administrative procedure law. So it is of great importance for China to legislate the administrative procedure law, and rise the trust protection principle to the basic principle status. Furthermore, the trust protect principle should be introduced to specific chapter of the administrative procedure law, and embodied in the specific article. The mainly reason of against the interests of the the concerned person in the administrative contract is that the administrative subject enjoys administrative priority to benefit, so to embody the trust protection principle in the administrative contract is necessary to limit the optimal benefits of the concerned person. In China, because of the public interest, unilaterally change, cancellation, termination of administrative contracts is inevitable, so the article also describe reparation and compensation of administrative contract in terms of the scope, manner and amount to enrich the specific application of the trust protection principle.
Keywords/Search Tags:Administrative contract, Trust protection principle, The administrative procedure law
PDF Full Text Request
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