Case Study On The Application Of The Principle Of Reliance Interest Protection

The principle of reliance interest protection originates from Germany and is absorbed by our country's principle of good faith.It has become one of the basic requirements of administration by law.At present,there are few legal norms on the principle of reliance interest protection in China,and it has not been fully legalized.However,the principle of reliance interest protection has rich values and functions for protecting the interests of administrative counterparts and restricting the power of administrative organs,which is favored by the judiciary.The thesis researched the 168 first-instance judgments of administrative litigation which applied the principle of protection of reliance interests in force,and found that the principle of reliance interest protection in judicial practice presents the characteristics of continuous expansion of the scope of application and diversification of the basis of trust.In the process of applying the principle of reliance protection,judges are often combined with other legal norms,weakening their legality and emphasizing the function of binding public power,which reflects the consciousness of the administrative law of the judge group and the pursuit of substantive justice.In addition,there are problems in the application of administrative judgments such as unclear applicable rules,unclear norms,and insufficient reasoning.Type analysis and theoretical refinement are urgently needed.In the future,the judicial application and development of the principle of reliance interest protection must be continuously refined and supplemented by typical cases to guide the application;the rationality of judicial judgment documents must be strengthened,the justification of the application of the principle of reliance interest protection should be fully demonstrated,and the principle of protection of trust protection must be standardized Legal expression.In addition,the principle of interest protection has a natural closeness to administrative counterparts.It should also raise the awareness of the rule of law of administrative counterparts,and constantly guide them to correctly understand and apply the principle of protection of trust interests.