Research On Judicial Application Of The Principle Of Reliance Protection In The Field Of Administrative Agreement

The reliance protection principle is mostly applied to the change or revocation of administrative acts such as administrative license and administrative payment in China,and its purpose is to restrict the administrative organs from changing the effective administrative acts at will in order to protect the reliance interests of administrative counterparts.With the change of government function and administrative management mode,the scope of judicial application of the reliance protection principle is gradually expanded from unilateral administrative acts such as administrative promise,administrative reward and administrative registration to mutual administrative acts such as administrative agreement.Administrative agreements are typical in the application of the reliance protection principle to the administrative acts of both parties.Most of the disputes over administrative agreements are caused by the improper change or dissolution of the agreement by the administrative organ,and the reliance protection principle becomes the basis for the court to review the appropriateness of the administrative organ’s act to change or dissolve the administrative agreement and to remedy the loss of reliance interests of the counterparty to the administrative agreement.In the existing administrative agreement cases,there are three dilemmas in the application of the reliance protection principle by the court: inconsistent determination of the basis of reliance,unclear determination of reliance worthy of protection,and unclear scope of reliance interest compensation.At present,there is no clear regulation for the specific application of the reliance protection principle in China’s existing laws,and judges can only rely on their personal understanding of the theory of reliance protection principle to apply it specifically.The lack of norms makes the judicial application of the reliance protection principle confusing,complicated and with different conclusions.The key to solving the problem lies in unifying the criteria for determining the basis of reliance,improving the rules for determining reliance worthy of protection,and reconstructing the criteria for compensation of reliance interests.In addition to the introduction and conclusion,this dissertation is divided into four parts:The first part,the general theory of reliance protection principle in the field of administrative agreements.The principle of reliance protection refers to the fact that the counterpart of an administrative agreement relies on the credibility of the administrative agreement to perform the act,and the resulting benefits should be protected by law.Only when the reliance protection principle is fulfilled can the reliance interests be generated and the counterparty to the administrative agreement enjoy the right to request the administrative organ or the court to protect the reliance interests.When the reliance interest is greater than the public interest,the court usually chooses to protect the reliance interest and continue to perform the original administrative agreement;when the reliance interest is less than the public interest,the court usually chooses to protect the property and compensate the reliance loss of the administrative agreement.The second part is an empirical investigation of the judicial application of the reliance protection principle in the field of administrative agreements.On the platform of "China Judicial Documents",the keywords of "reliance protection principle" and "reliance interest protection principle" were used,and "administrative agreement " A total of 137 judgments can be selected as the sample cases.Through the study of the sample cases,it can be found that the courts,in applying the reliance protection principle,have problems of inconsistent determination of the basis of reliance,unclear determination of reliance worthy of protection,and unclear scope of compensation for fiduciary interestsIn the third part,the causes of the dilemma of judicial application of the principle of reliance protection in the field of administrative agreements.By further digging into the judicial dilemma,it can be found that the causes of the above dilemma are the overlapping of the rules on the review of the elements of the validity of the agreement,the different requirements of the courts on the duty of care of the counterpart of the administrative agreement and the difference of the concept of judicial compensation.The fourth part is the optimization of the judicial application guidelines of the principle of reliance protection in the field of administrative agreement.Based on the arguments in the previous part,this paper proposes three optimization ideas: firstly,the criteria for determining the basis of reliance should be unified by unifying the criteria for determining the qualification of administrative subjects and the order of application of the rules for reviewing illegality;secondly,the rules for reviewing whether reliance is worth protecting should be improved by clarifying the foreseeable possibility of the duty of care of the counterparty to an administrative agreement and specifying the circumstances excluding the duty of care;finally,the criteria for compensation of reliance should be reconstructed by establishing Finally,the principle of compensatory compensation and the standard of compensation for consequential damages should be established to reconstruct the standard of compensation for reliance interests.