The Application Of The Principle Of Trust Interest Protection In Administrative Litigation

The principle of trust protection refers to the reasonable trust of social members in the existence of certain administrative factors or certain administrative acts based on the trust of public power in the administrative process.The administrative subject shall not change the administrative acts or administrative factors trusted by the social members at will.If it is necessary to force the change,it is also necessary to make corresponding changes to the social members who are damaged by the trust Compensation.The principle of trust protection not only protects the trust interests of the administrative counterpart,but also maintains the credibility of the government and ensures the stability of the society.This paper mainly discusses the application of the principle of trust protection in the practice of administrative litigation in China,the existing problems and puts forward some solutions.The paper is divided into five parts.The first part mainly expounds the value and connotation of the principle of trust protection in the field of administrative litigation.First of all,it introduces the definition of the principle of trust protection and the theoretical basis of the principle of trust protection,that is,the theoretical source of the principle of trust protection,including the theory of the principle of good faith,the theory of the principle of legal stability and the theory of the principle of basic rights.Finally,it discusses the connotation of the principle of trust protection in the field of administrative litigation and the value of the principle of trust protection in the field of administrative litigation.The second part introduces the current situation of the application of the principle of trust protection in the field of administrative litigation and the object of review.For the application of the principle of trust protection,the author adopts the method of statistics year by year.The objects of the people's court's examination in the trial of trust interest cases include the plaintiff's trust relationship,the sued administrative act and the legality of the original administrative act.The third part refers to the application of the principle of Reliance Protection in foreign administrative litigation,and summarizes the enlightenment to our country.The emergence and rise of the principle of Reliance Protection in civil law countries mainly occurred after World War II.Although the principle of reliance protection has not been explicitly stipulated in common law countries,the principle of legitimate expectation and the principle of estoppel,which are similar to the legal spirit of the principle of reliance protection,are applicable in judicial practice.The fourth part points out the problems in the judicial practice.The concept of public interest is not clear and lacks the recognition standard,and it is abused in practice.For the loss of trust interest,there is no unified compensation standard and no standardized compensation procedure.The application of the protection standard theory in the judicial practice of our country brings difficulties to the identification of the plaintiff's qualification of the interested parties.Trust protection The principle of protection ignores the spiritual interests of the people who trust the interests in administrative litigation.In the fifth part,aiming at the problems raised in the fourth part,some solutions are proposed.For example,using the principle of interest measurement and proportion to comprehensively identify "public interest",making clear the compensation standards and procedures for the loss of trust interest,using the method of Taiwan's objective interpretation for reference to identify the plaintiff's qualification of stakeholders,and strengthening the protection of spiritual interests and the improvement of protection methods.The conclusion part summarizes the research content and significance of this paper.We should strengthen the application of the principle of trust protection in judicial practice to maintain the credibility of the government and build a service-oriented government.