On The Information And Application Of The Principle Of Protecting Trust In China

The principle of protecting trust which was set up firstly in the Germen administrational law is a basic principle of administrative law through judicial precedent in Germany after World War II. After then this principle was developed and established in some other countries and areas, such as Japan,Taiwan area and so on . In England and American's legal system, they have the similar system, such as England's"the protection reasonable anticipation principle". The relative stability of the relationship between administrative law is very important for the administrative department, the administration relative,or even for the public interest. According to this, the administration relative can make a judge and do something. Any rapid changes of legal relationship will make the administration relative don't know what to do, and this isn't good for the stability of the society. Therefore, the administrative department can't change the administrative action which has legal effect arbitrarily. The core philosophy of the principle of protecting trust is that: the administration relative has some reasonable reliance with the administrative department's action which is certain by the law, and then they are engaged in social activities. At this time, the administrative department must not change their action arbitrarily, or they have to give reasonable compensation or pay for the loss of the administration relative.The principle emphasizes on the fairness and justice, the honesty and trustworthy of the society and pays attention to protect the people's lawful interests who are in the disadvantaged position and it lays stress on the protection of people's legitimate expectation and the stability of legal order, therefore it can guarantee the human rights thoroughly and maintain government's credibility. At present, in our country, researchers begin to research the question of protecting trust because our government often doesn't do what they have promised to citizen. The principle of protecting trust is still the popular topic in China's administration academic field. On August, 27th, 2003,"The Administrative License Law of The People's Republic of China"regulated this principle for the first time. It is important for the protection of citizens'reliance interests although it doesn't provide this principle clearly. It ensures the government integrity and protecting trust benefits. The paper tries to give a systematic and complete research into the principle and study the experiences of other countries in order to construct the principle of protecting trust which fits our country.This paper has four parts. In the first part, the author brings forward the source and connotation of theprinciple and analyzes this point deeply. Then the author puts forward clearly three qualifications in the formation of the principle, and the use of the principle: reliance foundation, reliance exhibition and reliance legitimacy. The ways of trust protection contains the protection of existing rights and the protection of property. The theoretical foundation of the principle has three theories, they are theory of principle of good faith, theory of stability of law and theory of basic rights. At last, the author introduces briefly the important significance of the principle. The principle of protecting trust can ensure the legal interests of the administration relative, because while participating in administrative department's administrative action, their power are lower, so their rights are more fragile and more worth of protecting. This principle can restrict the government's action, and can help the government build the idea of honesty and trustworthy, so we can establish an honest and responsible government. Besides, this principle can help establish a good relationship between the government and the administration relative. This can improve the efficiency and save the administration cost and social resourcesIn the second part, the author introduces the information and application of the principle in other countries and areas, introducing the development and the history of the principle in Germany, France, England, America and Taiwan area and compares the different development process and the system pattern, inducing the general character and the rule, then conclude the background and cause of formation of the principle and summarize some valuable experiences which we can learn from , and then proves the viability and necessity of the principle in our country finally. In the third part, the author introduces the information and application of the principle in our country. Firstly, the writer introduces the present situation in China, and then analyzes the specific application of the principle, that is, the principle is used in concrete and abstract administrative action and in some unusual circumstances. In abstract administrative action, we should follow"Law non-retroactivity principle", and in concrete administrative action, it is about the specific administrative act's revocation and abolishment. At last, the author analyzes the application of the principle in administrative license, administrative guide and administrative contract.In the last part, the writer assumes about how to perfect the principle in China. At first, the writer points out the serious problem and obstacle in legislation, administrative execution and justice in order to point out that it is very important and necessary to regulate this principle. The writer analyzes other countries'legislation pattern and systems to give some advice about how to perfect our system. In the aspect of legislation, the writer thinks that we should regulate "Administrative Procedure Act" and"National Administration Compensation Act"and perfect"State Compensation Law". The author thinks that the principle of protecting trust should be regulated in the general principle and the specific provisions of "Administrative Procedure Act", so that this principle can be used thoroughly. There are some differences between administration payment and administration compensation. Administration compensation is used when the administration action is illegal and cause losses for the administration relative's legal rights and interests. While administration payment is used when the administration action is legal and has to be changed by lawful reason. So the author puts forward the administration compensation and the payment of trust interests loses to perfect the systems of the trust interests protection and gives some personal thoughts on this principle application in China. Besides, we should perfect the system of the revocation of the specific administrative action as well as the abolishment of the specific administrative action. The author hopes this paper can promote the development of the principle in China's administrative law which will promote the rule of administrative law to a higher degree.