An Analysis Of The Reliance Interest System In Administrative Law

From the beginning of the German judicial precedent of administrative law on the "reliance interest",this research appears in the writings of Chinese scholars,to the judgment of "Yi min company" case of the Supreme People's court,until the promulgation of "administrative licensing law",the "reliance interest" on administrative law Research on the system has attracted more and more attention of scholars but also attracted the attention of the administrative law circles of our country.Theoretical study of reliance interest system,flexible use of them is not only to enhance the credibility of the government in the judicial practice,the construction of government credibility booster,but also to improve the administrative efficiency,prevent public power arbitrary relative protection of reasonable expectations be of great advantage.In this paper,the administrative law on the "reliance interest" system to do a certain degree of related issues and sort out,in the structure is divided into six parts:The first part is the concept of "reliance interest",focuses on the analysis of the field of civil law and criminal law in the field of "reliance interest",because "reliance interest" as the source of the concept in the field of private law,this sort also can more effectively clarify the administrative law "reliance interest" deeper problems,The comparison of different legal departments can better clarify the concept of reliance interest;The second part is to elaborate the basic theory of "reliance interest" in administrative law,to clarify its theoretical origin and background,and the relationship with the relevant legal principles;The third part focuses on the interpretation of administrative trust interests and constitute "reliance interest","expectation interest" and "legal interests" and other related confused the concept of the difference between,For the benefit of the administrative trust system interpretation aims to accurately grasp the relative trust to trust interest for the elucidation of the protection of the foreshadowing;The fourth part and the fifth part mainly explain the type of the reliance interest and its protection;The sixth part is the analysis of the relevant provisions on "reliance interest" standard in our country's current law and application of the "reliance interest" and its related theory of adjudication in China's judicial practice in recent years,the case analysis and consolidation,some feasible suggestions for China's future judicial field "reliance interest" theory put forward;The conclusion part summarizes the significance of the "reliance interest" system in the administrative law,and puts forward the idea of the construction of the "trust interest" system in the future.