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Research On The Protection Principle Of Trust Interests In China’s Administrative Law

Posted on:2022-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:B L WangFull Text:PDF
GTID:2506306755971089Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
Since the "Administrative Licensing Law" was implemented in my country in2004,the phenomenon of changes in administrative organs has often occurred,posi ng a great threat to the trust and interests of administrative counterparts,and at th e same time,it has also negatively affected the credibility of administrative organsand the construction of an honest government.influence.Through the discussion o f specific cases,it is found that there are still many deficiencies in the applicationof this principle in my country,mainly manifested in the vague definition of publ ic interests,the unclear specific standards for administrative compensation,the lackof an administrative revocation mechanism,and the failure to determine a unified approach to the principle.Judicial review standards,etc.Based on the current statu s of the application of this principle in my country and the useful experience of o ther countries for reference,it proposes improvement suggestions and countermeasur es for the application of this principle at the legislative,judicial and administrativelevels.First of all,at the legislative level,the legislative research on this principl e should be accelerated,the legal status of the principle’s basic principles of admin istrative law should be determined in the constitution and laws,and the scope of p ublic interest should be clearly defined,and the standards for property compensatio n and compensation should be refined..Secondly,broaden the scope of applicationof this principle at the judicial level,and establish a unified judicial review stand ard for this principle.Finally,at the level of law enforcement,strengthen the awar eness of trust protection of administrative law enforcement personnel,increase the cost of law enforcement,establish a strict accountability mechanism,and establish and improve the administrative revocation mechanism,so as to establish an effectiv e restriction mechanism against the arbitrary exercise of administrative power and p rotect the interests of trust.realize the realization of social order,maintain the dign ity and authority of the law,and further promote the construction of a government of integrity and the rule of law in our country.
Keywords/Search Tags:trust foundation, Reliance behavior, Reliance on interests, public interest
PDF Full Text Request
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