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On The Principle Of The Trust Protection In Administrative Licensing Law

Posted on:2019-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2416330548974908Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The research on the trust interest protection system in the law of administrative license has an irreplaceable significance to limit the abuse of administrative power and to build a government of good faith and rule of law.But since the administrative permit law implementation,the administrative organ at random changes have effective administrative licensing events have often occur,threatening the administrative relative person's faith benefit,exposed the lack of reliance interest protection in the process of the development of our country in the administrative permit law.These shortcomings indicate that there are many problems in the slow development of trust protection in China's administrative licensing law.Based on the principle of trust protection,western countries' interest principle in the administrative law and complete system,development has a certain value of reference and learning.Therefore,it is necessary to perfect the principle of trust interest protection in the law of administrative license in China.First of all,the article analyzed the administrative permit law basic overview of the trust protection principle.According to academic circles of different point of view,the theory origin,value and so on several aspects carries on the thorough introduction from the concept of trust benefit protection principle in the administrative permit law.Secondly,this article analyzed the current trust benefit protection principle in the administrative permit law and practiced the running situation and existing main problems,it is concluded that the current there are ill defined public interests,lack of the administrative licensing compensation standard and procedure,the lack of viability protection way,the lack of the illegal administrative license cancellation procedure and applicable in five aspects such as the lack of protection for the interests of the spirit of the problem,moreover more abroad,the related countries and regions in the administrative permit law introduces the principle of reliance interest,and summarizes the trust benefit protection principle in the administrative permit law of our country's reference and enlightenment.Finally,based on the above analysis,on the basis of through and quantification of public interests are put forward in the paper,the definition of the administrative licensing compensation,compensation and standards,to build the administrative licensing the cancellation procedure,strengthen protection for the interests of the spirit in the application of vision,in order to improve the rich more blank before the trust protection principle in the administrative license.
Keywords/Search Tags:Administrative license, Principles of trust protection, Public interest, Compensation program
PDF Full Text Request
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