Research On The Protection Of Legitimate Expectations Of China

It is frequently necessary to change administrative regulartory documents according to the amendment of higher rank laws,or the change of objective circumstances during the current transition period of China,then the administrative organ can exercise discretion,as the case.However,after the change of administrative normative documents,how to ensure the relative out of trust in the decision of the administrative organs previously made the trust and the existing legal order and take action will not be in vain,the resulting expected interests will not be damaged,the problem in our country's legal system construction in urgent need of scholars to respond.The discretion of the executive authorities can easily cause damage to the legitimate rights and interests of the counterpart if it is out of control.Therefore,we have introduced the principle of reliance interest protection in the administrative law,but this is only a general principle,can not solve the real life changeable complex administrative cases.Foreign to this has been a relatively sound extension of the system-the relatively legal protection of the people's legitimate system.This thesis intends to after sorting out many of protection of legitimate expectations system of research results,on the basis of comparison and analysis of the system,put forward building the feasibility analysis and suggestions of the protection of legitimate expectations system in our country.In this paper,based on the legal construction of the China's current social background,in reference to the foreign mature research results,summarizes the basic principles and the contents of the protection of legitimate expectations system,analyzes the possibility and necessity in our country to implement,put forward the procedures and methods of protection of legitimate expectations.In the article writing ideas,according to what,why,how to do the order,a total of five chapters of the protection of the legitimate expectations were discussed.The first chapter is the introduction,mainly elaborated the selected topic background,the goal and the significance,used in foreign research status and the research results on the protection of legitimate expectations,the research ideas and contents of this research method and innovative points.The second chapter discusses the theoretical basis of the concept of legal protection,and the problem of what is the solution.This chapter includes the basic issues such as the legal expectation,the origin,the type of legal expectation,the constitution of legal expectation,the cause of legal expectation.In the third chapter,the reason for protecting the legitimate expectation and the necessity of introducing the concept of the legal expectation is put forward,and the problem of "why" is solved.The fourth chapter discusses the way of legal expectation protection,including the three methods of procedural protection,substantive protection and compensation protection,and the problem of how to do.And in the three protection methods,the reasons and methods of protection and the feasibility of introducing the relevant system of our country are put forward.The fifth chapter is the conclusion.