The Trust Protection Principle In Administrative Law And Its Application In Administrative Adjudication

Principle of protection of reliability is the basic principle of administrative law developed from German, which demands the administrative departments to pay full attention to private persons' trust on administrative action and protect the resulting legal benefits completely when changing the action. Meanwhile, reasonable compensation shall be given to remedy the loss from changing administrative action. The aim to establish the principle is to prevent the administration from changing the effective administrative action willfully, or damaging the legal benefits when correcting the wrong administrative actions.Because of the importance of the principle during the process of establishing a confidential government, our country has introduced the principle of protection of reliability when enacting the administrative permitting law. But as such principles haven't been accepted as the fundamental principle by legislation, the research on this subject is just on the start, and the application of the principle is limited in practice. Thus, to establish the principle of protection of reliability in our country as the basic principle of administrative law can protect the firmness of the legal order and the proper rights of the social members, set up a confidential profile of our government and good relationship with private persons.This essay analyses the possible of establishing principle of protection of reliability in China and the application of it in administrative litigation through systematic introduction. There are four parts: chapter one explains the concept, historic source, theoretical foundation, compositions and the applicative field; chapter two introduces and analyses the relative legislation at home considering the value and position of this principle; chapter three introduces the judicial practice of the principle of protection of reliability at present in China and discusses the examining standard and its extension in administrative litigation with the compositions of this principle.