Research On The Principle Of Administrative Trust Protection

In the birthplace of the principle of trust protection,German scholars introduced the principle of trust protection into administrative law in order to solve the problem of whether administrative organs can revoke administrative acts freely.This principle requires the administrative organs to attach importance to the legitimate rights and interests of the counterpart,and set up a red line and a barrier for the protection of the trusted interests of the counterpart.Therefore,the author believes that it is necessary to deepen the discussion of the principle of trust protection in administrative law,in order to expand and refine the legislation of the principle of trust protection in administrative law,and through the accurate application of the principle by administrative organs and people's courts,so that the principle can really play a "bridge role of mutual trust and reciprocity between administrative organs and administrative counterparts.Before and after the promulgation of the Administrative License Law of the People's Republic of China,the academic circles in mainland China began to pay more attention to and study the principle of administrative trust protection.On the basis of the existing literature,this paper studies the principle of administrative trust protection by using literature research,comparative analysis,historical research and case analysisThis paper is divided into four parts.The first part introduces the meaning,content and basis of the principle of administrative trust protection;in the content part,it introduces the protection methods and application elements of the principle of administrative trust protection;through introducing the basis of the principle of administrative trust protection,it reveals the necessity and positive significance of the existence of the principle in administrative law.The second part,according to the classification of different legal systems,makes an analysis of the emergence and development of the principle of trust protection in administrative law of typical extraterritorial countries.The third part introduces the establishment and significance of the principle of administrative trust protection in China's legislation,and based on this,puts forward the author's legislative thinking and legislative suggestions on the principle of administrative trust protection in China.The fourth part summarizes the current situation and predicament of judicial application of the principle of trust protection in administrative law in China,and puts forward the author's suggestions for improving its judicial application.On the basis of the existing literature,this paper makes up for the lack of theoretical basis in other aspects besides the legal basis of the principle of trust protection in administrative law.In the discussion of the applicable elements of the principle of trust protection in administrative law,the author compares the two theoretical propositions of "three elements" and "four elements" put forward by scholars and puts forward the author's views.In the part of the discussion on the emergence and development of the principle of trust protection in administrative law,we deepen the research on the relevant principles in EU law,which is seldom mentioned in the existing literature.Combining with the current situation of relevant legislation,the author ponders on the orientation,applicable fields and specific provisions of protection methods in the legislation of administrative law in China,and gives some suggestions.Based on the statistics of judicial application cases and typical case analysis of the principle of trust protection in China's administrative law,the author summarizes the current judicial application situation and application dilemma of the principle in the field of administrative law in China.On this basis,four suggestions for improvement are given.