A Study On The Administrative Faith Protection Principle

The admimstrative faith protection principle has its important practical significance in safeguarding human rights, maintaining legal stability and realizing virtual administrative government by law, which has already become the basic principle of the administrative law of many countries (and regions). Nevertheless, it is rarely fulfilled in the practice of Chinese administrative legislation and justice. There is an urgent need to introduce and reasonably implement the administrative faith protection principle to Chinese administrative law to maintain the unity of government authority and responsibility, protect the legal rights and interests of administrative counterparts, establish a society with good faith and promote sustained & healthily economic development. The administrative faith protection principle based on administrative government by law is of the same status with legal administration and it shall be regarded as the basic principle for Chinese administrative law. The administrative faith protection principle mainly plays its vital role in fields such as: the cancellation & repeal of concrete admimstrative act, administrative regulation is prohibited to be retroactive, administrative promise, administrative contract and administrative instruction, etc. The administrative faith protection principle shall be fully implemented during the process of stipulating Administrative Procedure Law. Meanwhile, related system and remedy procedure shall be established and perfected in the aspect of entity and procedure so as to better regulate and implement the administrative faith protection principle during the judicial practice and finally promote the construction of administrative government by law to a new stage.