Trust Protection Principle Of Administrative Law

After the faith protection principle is World WarⅡan item of administrative law basic principle which gradually develops by Germany, latter by Japanese, our country Taiwan area and so on manymainland legal systems country or the local administrative law profits from already obtained the explicit confirmation in the mainland legalsystem related country and the area. In English America legal system country although does not haveexplicitly to put forward the faith protection principle concept, but also has the similar system. If England"the protection reasonable anticipation principle", namelyhas the faith protection principle the substantive significance. But the faith protection principle only then just started in our country administrative jurisprudence research and the utilization, theoretically rarely had the research to this principle, involved thisprinciple the system as a result of to lack the theory the support butto consummate with difficulty. This article through the integrity systematically introduced in theadministrative law the faith protection principle, to constructed thefaith protection principle in our country to conduct the thoroughresearch.The this article first part(1-2 chapter) elaborated on theadministrative law faith protection principle this topic backgroundand the research significance, briefly analyze at present to beconnected the topic research tendency, proposed author's basic conceptand the research goal. Compared with in detail elaborated the faith protection principleconnotation, the legal principle theory of law basis and the socialbasis, the constitution important document, in the administrative lawlocalization. To has the argument some questions, proposed the authoropinion.The this article second part(3-4 chapter) elaborated the faithprotection principle evolution history, and crosswise compares it inthe mainland legal system and the English America legal systemdifferent developing process and the system pattern, induces thegeneral character characteristic and the rule. Next, elaborated the faith protection principle utilizationspecifically to manifest, including the faith protection principle usescope, protected in the concrete way and the judicial practiceutilization.The this article third part(5 chapters with conclusion) elaboratedthe faith protection principle in our country administrative lawintroduction and the utilization. Is suitable the existence throughthe elaboration faith protection principle on our countryadministrative law development condition and on our countryadministrative law the question, proposes the introduction faithprotection principle necessity and the urgency. Proposed according to the full text analysis in our countryadministrative law introduces the faith protection principle thesystem conception.