On The Application Of The Principle Of Reliance Protection In Administrative Agreements

At present,with the continuous innovation of the national administrative governance model,as a new governance method embodying the democratic and consultative spirit of modern administrative law,the administrative agreement is developing rapidly in our country,and its application scope gradually covers many areas of administrative management activities.However,the status of both parties to an administrative agreement is not equal.Among them,the administrative subject with preferential rights often occupies a dominant position.As the weaker party,the administrative counterpart rarely has the right to speak.If the administrative subject fails to exercise power reasonably,it may lead to The administrative counterpart suffers a loss of trust in the process of administrative agreement.If things go on like this,it will inevitably dampen the enthusiasm of the counterparty and the administrative subject to conclude administrative agreements,which is extremely detrimental to the sound development of administrative agreements.The principle of trust protection is a good medicine to solve the above problems.The introduction of the principle of trust protection into administrative agreements applies.On the one hand,it can counteract the preferential rights of the administrative body in the administrative agreement to a certain extent,and encourage the administrative body to use the power rationally.On the other hand,it can also provide better protection for administrative counterparts after they have suffered a loss of trust.This article starts with related theories,propose problems in the application of the principle of trust protection in administrative agreements,then investigates and analyzes the relevant experience outside the territory,and finally proposes corresponding solutions to the problems.This article is organized as follows.Part 1begins with the relevant concepts of Trust Protection Principles and Administrative Agreements and explains why the Trust Protection Principles are applied in Administrative Agreements.In other words,the application of the principle of protection of trust in an administrative agreement is the principle of the welfare state and the principle of legal stability.Part 2 raises existing problems in the application of the principles of protecting confidence in China.It is too narrow,the conditions are unclear,the means of filing the application are uniform,and the exact compensation to the parties involved is unclear.The third part provides our country with some useful information through relevant studies of the two main foreign legal systems.Part 4proposes solutions to problems that exist in the appendix,expands the scope of the protection of trust in administrative agreements,addresses the problem of being too narrow,and suggests rules to be applied after the extension.I will explain in detail.Clarify the applicable terms and make the application of the trust principle in the administrative agreement more functional.In order to better fulfill the original intent of the protection of trust principle in the administrative agreement,the application of the protection of trust principle in the administrative agreement was introduced along with procedural criteria to address the issue of a single means of filing.And the specific compensation for the loss of trust of the related parties is being specified.