Research On The Application Of The Principle Of Trust Protection In The Process Of Illegal Building Treatment

In the process of dealing with illegal buildings,The traditional disposal method of our administrative organs is "no compensation for all."According to the provisions of the twenty-fourth articles on the housing expropriation and compensation regulations on state owned land,it can be seen that the administrative organs shall not compensate for the temporary buildings identified as illegal buildings and exceeding the approval period,almost no combination of historical reasons for the formation of the case,the building and the same housing construction permission to confirm the situation and so on.The cause of the illegal building is more complex.If we take the "all do not give compensation" treatment method is not conducive to the protection of the rights of the parties,and will harm the stability of the society.If the cause of the illegal building is due to the trust of the relative people to the administrative act of the administrative organs,and then the administrative organs have lost faith in the relative persons,then it seems unfair that the administrative organs will dismantle the cases directly and do not compensate them.This article first discusses the source,meaning and development situation of the principle of trust protection.The origin of the principle of trust protection is briefly discussed,which helps readers understand the background and development path of the principle of trust protection.Secondly,it explores the original inclusion of the principle of trust protection,and compares the differences between the current trust protection principle and the traditional principle of trust protection in our country,and studies the extension of the principle of trust protection after the introduction of our country.Third,combing the principle of trust protection in the development of China's practical and theoretical circles,so that readers can understand the deep development process of the principle of trust and protection in our country,and make readers understand the basic concept of the principle of trust and protection,so as to further introduce the application of the principle of trust protection in the field of illegal building.In the second part of the article,we point out the dilemma of the application of the principle of trust protection in illegal buildings.In this part,the application of the principle of trust protection in the existing illegal building treatment cases is summarized,and the typical cases in the three kinds of judicial practice have been summed up.It is pointed out that many cases with the application of the principle of trust and protection still have not been identified,indicating the existence of the predicament and the predicament in practice.It is pointed out that a set of effective and applicable systems should be constructed in the face of new problems and new situations,and the object of the application of the principle of CITIC protection should be clear when constructing a unified applicable system.It is necessary to determine what kind of illegal buildings are of trust interest,the principle of reliance and protection,or the application of trust.What are the conditions for the illegal building with protection principles?The third part of the article has reduced the scope of the application of the principle of protecting the interest of CITIC,and initially delineated the illegal buildings which can be applied to the principle of trust and protection,and then found it within this scope,which conforms to the essentials of Gohara Norimi and conforms to the trust protection.The illegal buildings based on traditional theories can be identified as illegal buildings with trust interest.The author expounds the applicable requirements of the principle of trust protection in detail,especially when the author is different from the previous views on the basic requirements of trust,and boldly denies the predecessors' belief that the principle of trust protection is only applicable to the beneficial administrative act,and the author thinks that any administrative organ can give a trust basis to the relative man.Included in the scope of reliance basis for shall,including custodial administrative behavior and administrative behavior.In the last part of the article,the author deeply expounds the application of the principle of CITIC protection in illegal building treatment.In practice,the application of the principle of trust protection often stays in the theoretical stage,and is rarely operable.The author constructs the operability of the principle of CITIC protection in illegal building treatment as the core and construction of the principle.The system of applying the principle of trust protection in this field is applied.In the treatment of illegal buildings,the principle of reliance and protection should be based on the protection of the right of residence of the administrative relative,and the method of preserving and protecting the existing houses of the relative persons should be protected,but it can not be dismantled without dismantling.We should distinguish the responsibilities of all parties and compensate them according to their responsibilities.We should protect the illegal buildings with reliance interest,and establish a complete set of trust interest protection system in the process of illegal construction.