On The Application Of The Protective Principle Of Administrative Trust In The Judicial Review Of Administrative License

Due to the rapid development of food economy,food market access system is also being improved.As the first barrier of access system,the food administrative license reflects the boundary of the government’s intervention in the market.Improper Settings will hinder the circulation of normal market players,disrupt market order and make supervision more difficult.Once the administrative license is made,the food producer and seller will enjoy the reliance interest,to the license behavior,and the arbitrary revocation of the license behavior will inevitably damage the interest.In the civil cases of food safety disputes,the judicial organs often examine the legality of the administrative license,and then clarify the responsibility of both parties.At the same time,the administrative provisions on food standards change frequently,and their effectiveness conflicts are easy to cause administrative disputes,so the judiciary authorities must inevitably review the administrative norms.How to apply the protective principle of administrative trust in judicial review has become the key to resolve disputes.In addition to the introduction and conclusion,this paper contains three parts:The first part: the basic concept of the protective principle of administrative trust.The first is the literal understanding of the protective principle of administrative trust.Secondly,it explores the origin of the Protective principle of administrative trust and discusses it around two theories.Finally,as the basic principle of administrative law,the core essence of the principle of reliance interest protection is whether the administrative counterpart enjoys the reliance interest,which involves the constituent elements of the reliance interest.The second part: The application of protective principle of administrative trust in the judicial review of food licensing.This paper first briefly describes the relationship between judicial review and administrative litigation,and points out the feasibility of judicial review in civil litigation.Respectively from two directions,the introduction of case related to food licensing,create the reliance benefit protection principle in the specific administrative act and the applicable problem and challenge in abstract administrative behavior,including the protective principle of administrative trust scope of fuzzy,the principle of judicial review of reliance interest protection of indifference,reliance interest constitutive requirements "missing",obvious conflict between administrative norms,the administrative relative person relief inadequate these five aspects.At the same time,the paper analyzes the reasons for these problems,including the narrow scope of administrative license adjustment,the influence of judicial review mode of "wavering" and "Law of socialism",the causal relationship between reliance basis and interest performance is broken,the insufficient interpretation of administrative norms by judicial review,and the imperfect relief system.The third part is the perfect path of the application of the protective principle of administrative trust in the judicial review of food licensing.Through the above analysis of judicial cases,combined with the current difficulties in the application of the Protective principle of administrative trust,obtains the corresponding improvement measures corresponding to the difficulties proposed above.