Application Of Trust Protection Principle In Administrative License

The principle of trust protection is a basic principle in the administrative licensing law.However,this principle is derived from the principle of good faith in civil law.Because with the development of society,more and more people are beginning to notice that many violations of good faith will occur in the field of public law.Therefore,it is necessary to standardize the behavior of administrative agencies in the public law field to promote honesty and trustworthiness.In the field of administrative licensing laws,this is reflected in the fact that administrative licensing authorities should protect the trust interests of administrative counterparts and avoid changes or withdrawals of political licenses,causing unnecessary losses to administrative counterparts.In practice,the principle of trust protection is conducive to safeguarding the legitimate rights of administrative counterparts and safeguarding the stability of the law.This is an important guarantee for the realization of the rule of law.Although China's "Administrative Licensing Law" stipulates this principle,the provisions of this law on this principle are too rough and lack procedural standards of protection.Based on the basic introduction of the principle of trust protection,the author analyzes the specific application of this principle on other countries and regions,sums up the beneficial experiences of the above countries or regions,and applies this experience selectively to China.The first chapter of this paper mainly introduces the principle of trust protection,including the concept of the principle of trust protection,the theoretical basis of the principle of trust protection,the elements of the principle of trust protection,and the significance of the principle of trust protection for administrative licensing.Thesecond chapter discusses the general application path of the principle of trust protection in administrative licensing,which can be viewed from two aspects.First is the application of this principle by executive authorities,and the second is the application of this principle by the judicial authorities.The third chapter discusses the problems of the principle of trust protection in China's administrative licensing practice,including the lack of protection of spiritual interests,the unclear definition of the category of“public interest”,the unclear range of compensation or compensation,and the absence of a clear“repeated”restriction.condition.The content of the fourth chapter is the application and reference of the principle of trust protection in the administrative law of foreign countries or regions.The article introduces the experiences of Germany,France,Japan,the United Kingdom,and the United States,and analyzes their advantages.The fifth chapter analyzes the perfect path for the application of trust protection principles in China's administrative licenses.The author believes that China should define and quantify public interests,define the weights and judgments of public interests and individual interests,establish a mechanism to restrict withdrawal,improve the compensation method for administrative licenses and establish a protection mechanism for spiritual interests.