Administrative Law Trust Protection Principles

The Trust-Protection Principle is an important principle of administrative law, which was springed up after World War 2, the Anglo-American Law has many related regulations on this, now it has been an important principle of Anglo-American Law, which was called Legal Anticipation Principle. In China, though the Trust-Protection has been stipulated in the Administrative Law and the domestic academe has begun to take beneficial discussions on the principle, the adoption of the principle is still on the primary phase, there are still many problems need to disucss.Comparative study method is adopted in the dissertation to make an in-depth discussion on the principle in order to arouse more attention and encourage to introduce the principle into China's legal system, establish its basic principle status and provide theoretical support and reference for China Administrative Law.Firstly, a description on the definition, origin and basic theory was presented, then the characteristics and development of Trust-Protection Principle are analyzed based on the study of its origin and definition.Secondly, the in-depth theories of the Trust-Protection Principle are analyzed based on the study of its application range, application conditions and protection ways after an overall review of legislation and cases overseas.Finally, the deficiency of the Trust-Proctection Principle is also analyzed, and a new legislation proposal is envisaged, based on the situation and demand of China with the successful legislative experiences of other jurisdicitions for reference.The most remarkable features of the dissertation consist of:The first is the comparative method taken in the dissertation. Compare the differences of legal systems in Germany, Japan and Taiwan and other countries, and probe the track and features of development of the the Trust-Proctection Principle.The second is the positivism method taken in the dissertation. The Trust-Proctection Principle is discussed not only theoretically but also in way of positivism. The legal system and relevant cases in Anglo-American law and civil law countries of different times are also reviewed in order to take out some principles scientifically.The last is the specific legislative proposals offered in the dissertation. With the intention to improve the legislation of the Trust-Proctection Principle, the deficiencies are pointed out based on the study of positivism and comparison, and the specific legislative proposals are put forward in the dissertation.