The Balance Of Interests In The Principle Of Trust Protection And Its Judicial Application

In Germany,Japan and Chinese Taiwan,the principle of trust protection has been clearly confirmed in the field of administrative law.China’s administrative law started later than these countries,and the research and application of the principle of trust protection in China’s administrative law is also behind these countries and regions.With the changes of social,political and economic environment in recent years,there are often some cases of unilateral breach of contract by the government.Unilateral breach of contract not only has a negative impact on the credibility and image of the government,but also makes it difficult for citizens to regard the government as a model of honesty and trustworthiness.When the government’s breach of contract occurs,it causes the loss of the property of citizens and enterprises,infringes their legitimate rights and interests.Improper handling may lead to the conflict between the people and the government.The correct application of the trust protection principle under the government’s integrity protection is particularly important today.Through the analysis of the balance of interests to judge the judicial application of the principle of trust protection,we can better solve the problem of the application of the principle of trust protection in real life,and contribute to the theoretical analysis and system construction of honest government.Citizens trust the government,in which there is the principle of trust protection.The unilateral breach of contract by the government is usually due to the consideration of public interests.Therefore,the measurement of interests in the principle of trust protection and its judicial application have its practical significance in today’s society,which is worthy of in-depth analysis.To judge the judicial application of the principle of trust protection,we need to adopt the method of interest balance,comprehensively investigate all kinds of interest relations behind the case,must consider the interests of all aspects of the enterprise,and minimize the loss of citizens or enterprises.Therefore,it is of practical significance to analyze the balance of interests in the principle of trust protection and its judicial application.Based on the analysis of the administrative agreement and compensation case of Gutian xxxxx Real Estate Co.,Ltd.and Fujian XX Investment Co.,Ltd.v.Gutian County People’s government,this paper analyzes the trust protection relationship in the administrative law involved in the case,combs the legal context of the case,and analyzes the specific operation of interest measurement under the principle of trust protection and the application of trust protection principle through the analysis of the judgment results of the case The specific application of relevant theories in judicial practice.In the case,the administrative counterpart receives huge losses due to the change of government policy,and the court has decided that the government should make corresponding compensation.However,in this case,the rationality of compensation and protection of the administrative counterpart need to be judged by using the method of interest measurement under the principle of trust protection.Otherwise,it is difficult to determine the correct and reasonable protection of the administrative counterpart.With the development of today’s society,the government has gradually transformed into a service-oriented department,more from the perspective of the administrative counterpart,the principle of trust protection in administrative law reflects the protection of the legitimate interests of the administrative counterpart,and the application of the principle of trust protection is an indispensable legal issue nowadays,in which the balance of interests has become an important method for the application of the principle,correctly and reasonably The balance of interests is helpful to give full play to the judicial significance of the principle of trust protection and apply it correctly.