On The Principle Of Trust Protection Of Administrative Law

The principle of protection of reliability gradually grew up a basic principle of administrative law from Federal Republic of Germany, which is already obtained explicit acknowledge in many countries and districts in the world by imitation,inheritance and development such as Japan and Taiwan and so on. But the principle of protection of reliability is seldom seen in Chinese administrative law now and this principle just began to study in the field of administrative law. The author set forth the meaning of the principle of protection of reliability about administrative law, expounded the utilization of the trust protection principle in administrative law, and pointed out the trust protection way in the trust protection principle.The principle of protection of reliability has been a fundamental principle of Chinese administrative law. This principle is embodied in such fields as revocation of administrative act, the administrative regulations, the administrative promise and the administrative guidance. The principle of protection of reliability was first prescribed in administrative license act in 2003; the drafting administrative procedure act prescribed the principle of reliability and faith, too. The essay tries to give a systematic and complete exploration into the principle of protection of reliability in the administrative law, absorb beneficial experience of protection legal rights and interests of private human, put forward constructing the principle of protection of reliability which fit situation of our country.The essay expounded having faith in the principle of protection of reliability of Chinese administrative law which consists of four parts, about 41 thousand. Part one, introduce the principle of protection of reliability playing a important role in establishing a good faith government process. Part two, summarily introduce concept,essence and character of the principle of protection of reliability and probe into theoretic basis of the principle of protection of reliability. Part three, introduce the realized mechanism of the principle of protection of reliability of administrative law. Part four, this text sum up the principle in the actually situation of administrative law, analyze the defect, at the same time, propose the preliminary conception of the principle of protection of reliability.