| The protection of trust interests requires administrative agencies to maintain the stability of their administrative activities,maintain a stable relationship of trust between public and private,and then protect the legitimate interests of private individuals.Our country is in the process of building a trustworthy government.The construction of a trustworthy government requires administrative agencies to pay attention to the trust interests of the people while conducting administrative management activities.As an administrative method,although administrative guidance is not legally enforceable,if the instructed party conducts corresponding sanctions based on its trust in the administrative guidance,the trust interests obtained by the instructed party should be protected by law.First of all,the thesis follows the idea of "raising problems→analyzing problems→solving problems".It first proposes the problem of failing to protect the trusted interests of the instructed party while the administrative agency changes the administrative guidance based on examples.Through the differentiation and analysis of the concept of trust interest and reasonable expectation,the content of trust interest and trust interest protection is clarified,and the three elements of trust interest protection are combined to analyze the three conditions for the generation of trust interest of the instructed party: the existence of administrative guidance,the The instructor’s trust in the administrative guidance is justified,and the instructed party engages in sanctions that conform to the guidance content based on the trust;the damage to the reliance interest occurs because the administrative agency changes the administrative guidance by a certain behavior,leading to the instructed’s sanctions It is difficult to continue without administrative support.It absorbs the general principles of private law,introduces the theory of causality and the principle of fault liability into the distribution process of the responsibility of the instructed party’s trust interest damage,and supplements the principle of liability for this type of liability.After that,from the perspectives of legislation and administrative practice,it analyzes the defects of the current system of protecting the trust interests of the instructed party,the core of which is the lack of legal norms.Secondly,using the method of administrative process theory,the process of the administrative body changing the administrative guidance is divided into three stages:the pre-event stage,the intermediate stage and the post-event stage.The pre-event stage is the continuation stage of the administrative guidance.At this time,the administrative body makes the administrative guidance.In order to gain external influence and be known to the public,the administrative subject has the negative obligation not to change the administrative guidance at will;the intermediate stage is the process from the administrative agency initiating the procedure to change the administrative guidance to the decision to change the administrative guidance.The subject changed the administrative guidance,so that the instructed party’s disciplinary action in compliance with the administrative guidance could not continue or failed to achieve the expected purpose and turned into a loss.According to the requirements for the protection of trust interests,the administrative subject is responsible for making up for the corresponding loss of the instructed party Active obligations.If the administrative entity fails to fulfill the obligation of protection of trust,the administrative agency ’ s responsibility for damage to the trust and interests shall be investigated;the post-event stage refers to the post-event supervision.The two types of supervision entities represented by higher-level agencies and external supervision agencies should be Supervise the fulfillment of the obligation to protect the interests of reliance,and provide timely opinions or suggestions.Finally,from the establishment of administrative entities to change the procedures of administrative guidance,the establishment of legal norms to protect the trust and interests of the instructed party,the definition of the scope of public interest,the improvement of the administrative compensation and compensation system,the establishment of administrative guidance information exchange channels between various departments,and clear trust The six aspects of the subject and the method of accountability for damage to interests are put forward to build a system for the protection of the trusted interests of the instructed party. |
