The Application Of The Principle Of Trusting Interest Protection In Administrative Licensing Case

In China,the principle of trust interest protection is a basic principle of administrative law,while it is not directly stipulated in relevant administrative laws or regulations.Until the promulgation of the administrative license law in 2003,the provisions of article 8 and article 69 on the cancellation and abolition of administrative license indirectly reflected this principle.From then on,the principle of trusting interest protection has been gradually applied in administrative trials.In 2020,although the principle of trust interest protection is widely applied in administrative licensing cases,it has been studied deeply in the field of administrative law,but it is seldom studied and analyzed in an interpretative sense by combining with a large number of administrative licensing cases and administrative trial process and procedure.The incompleteness of the requirements and protection methods of the principle of trust interest protection in our legislation leads to confusion when the court applies the principle in judicial trials.Meanwhile,there are disputes and imperfect types of judgments in the cases of revocation and annulment of the principle of trust interest protection.Therefore,to solve the above problems in the administrative licensing trials,licensing standards of the principle of trust interest protection in the administrative legislation cases shall be clear.On this basis,the thinking level in the process of trial,the burden of proof allocation system and the suitable type of sentences should be further discussed.The first chapter of this paper mainly interprets the principle of trust interest protection in the administrative litigation law.There is no uniform definition of the specific connotation of the principle of trust interest protection in the administrative litigation law at home and abroad.In this chapter,the development of the principle at home and abroad is simply sorted out to understand the evolution of trust interest protection principle under different backgrounds.The research of this principle in litigation law mainly includes the constitutive elements of the principle of trust interest protection and the ways of trust interest protection.The second chapter mainly explores the current situation application of the principle of trust interest protection in administrative licensing cases.Firstly,the administrative license law provides legislative support for the application of this principle in administrative license litigation.Secondly,the relationship between the application of the principle and the revocation right under the principle of administration according to law should be analyzed and clarified.In the case that the violation of the law is confirmed,the principle of trust interest protection shall be applied to review the way of trust protection.Thirdly,combined with the statistical analysis of the relevant data in the Chinese Judgment Document Network and other document databases,the application of trust protection principle,examination requirements,inclusion method review,the burden of proof and the application status of judgment types in administrative licensing cases.The third chapter mainly talks about the application of the principle of trust interest in the process of administrative licensing litigation based on the first two chapters in this paper.Including the dispute of interest measure in the administrative licensing case of complex effect,the burden of proof allocation mechanism and category of judgment.imperfect review criteria because of reliance interest protection principle,protection way review because of the imperfection of administrative act of rehabilitation and the review mechanism of protectionThe fourth chapter of this paper mainly combines the aforementioned applicable dilemma to propose corresponding solutions.By improving the review requirements and protection methods of the principle of trust interest protection in the cases of administrative license,to solve the complex problem of interest measurement in the cases of complex administrative license and the problem of subjective and objective burden of proof distribution and the applicability of the judgment.