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The Application Status And Improvement Measures Of The Principle Of Reliance Interest Protection In China

Posted on:2021-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2416330605469045Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of protection of reliance interests in administrative law second appeared in Germany before and after the first World War In 1976,as one of the basic principles of administrative law,it was explicitly stipulated in the administrative procedure law of Germany After that,the principle has been continuously improved and developed in Germany,and has become one of the basic principles of administrative law binding legislative,law enforcement and judicial organs.Since the 1980s,the principle of protection of reliance interests has been widely studied and developed by civil law countries.At the same time,the theory of "legitimate expectation protection" which is similar to the protection of reliance interests has been produced and developed in common law countries.In modern society,administrative legislation,law enforcement and judicature of many countries and regions in the world can reflect the content of the principle of protection of reliance interests.However,due to the late research on the principle of protection of reliance interests in mainland China,there is no written administrative procedure law in China which clearly stipulates the principle of protection of reliance interests and other relevant contents.The institutionalized content of the principle of protection of reliance interests in China is mainly embodied in the Administrative License Law,which greatly affects the principle in China The process of legalization and its practical application are not conducive to the active role of the principle being played as it should be,and are not conducive to the protection of the reliance interests of the administrative counterpart and other stakeholders.In order to meet the requirements of building a good faith government,serving the government and the government under the rule of law,China must take a series of necessary measures to enhance the understanding,improvement and application of the principle of protection of reliance interests by the legislature,law enforcement agencies and judicial organs.Therefore,China should fully draw on the latest research results of foreign countries on the principle of protection of reliance interests,analyze the general development context of the principle of protection of reliance interests,combine the existing theoretical content of the principle of protection of reliance interests with China's actual situation by combining theory with practice,and put forward suggestions on the theoretical and legislative development and practical application of the principle in China's administrative law The feasible preliminary assumption and planning can effectively solve the contradictions and disputes between the administrative subject and the administrative counterpart,guarantee the reliance interests of the administrative counterpart and other stakeholders,and maintain social stability and harmony.First of all,this paper mainly introduces the theoretical content of the principle of protection of reliance interests,including its meaning,legal basis,constituent elements and protection methods.Then in the second part,combined with the specific administrative cases related to the protection of reliance interests in our country,it summarizes and analyzes the application mode of the protection principle of reliance interests in the judicial field of our country,thus leading to the discussion and analysis of the protection principle of reliance interests.The third part is mainly to analyze the emergence and development of the principle of protection of reliance interests in legislation,in which comparative law is used to analyze the legislative content of the principle of protection of reliance interests in administrative law in Germany,Britain,Taiwan and Mainland China.Then based on the analysis of the theoretical content of the first three parts,the current situation of judicial application in China and the development process of the principle in different countries and regions,the fourth part focuses on the defects and deficiencies of the principle in mainland China from the aspects of legislation,law enforcement and justice.In the last part of this paper,the author puts forward some specific suggestions on how to further promote the development of the principle of protection of reliance interests and how to enhance its applicability in the process of law enforcement and justice in China.
Keywords/Search Tags:administrative law, reliance interest, reliance interest protection, administrative compensation
PDF Full Text Request
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