Research On Trust Protection Question In Administrative License Revoked

In China, Administrative Licensing Law established the principle of protecting (?), which is divided into legal and illegal, and provided the applicable conditions and modalities of protecting trust. In legitimate administrative license, the protecting trust applies to abolishment or withdrawing, it has two protection methods, property and subsisting protection. In illegitimate administrative license, it applies to the revocation of administrative license. In this law, illegal administrative license should be revoked, not revoked as exceptions, and protecting trust of it only has property protection and emphasizes on the absolute priority of public interest, doesn’t have any provisions for the revocation procedures. This arrangement is contrary to the connotation of protecting trust to protect the legitimate interests of parties at least. So, many events as people paying for the illegal activities of the government are happened. Just like the "sea palace" in Shenzhen, as a novelty of ocean development, without exact legal status, it was built up step by step under the guidance of the relevant government departments and obtained aquaculture registration certificate in accordance with relevant approval. But it suffered a great loss of profits when suffering enforced demolitions after being revoked the aquaculture registration certificate because of the illegal grant of the relevant government departments.This paper mainly researches in this case, analyzing whether there is protecting trust and how to protect with combining theories and case, finding some shortcoming of our related systems through the analysis, while, putting forward some suggestions in order to prevent similar incidents. Therefore, this article is divided into four parts. The first part introduces main content of the "sea palace" and problems caused by it. The second part describes the basic system of protecting trust, including its origin and meaning, elements and protection mode, as well as provisions about protecting trust in revocation of administrative actions and administrative licenses at home and abroad. The third part focuses on analyzing whether there is protecting trust in case and how to protect in accordance with elements of protecting trust and relevant laws and regulations, and makes judgment about nature of behaviors of both sides. The forth part points out some shortcomings of protecting trust in our administrative license revocation and puts forward a sound idea.