| It has been more than 20 years since the principle of reliance protection was introduced to China,it is of great significance as a principle that realize the substantive rule of law,restrain administrative organs from exercising discretionary powers arbitrarily and safeguard the legitimate rights and interests of administrative counterpart.With the continuous acceleration of urbanization in China,the number of administrative demolition cases is increasing.It is very important to properly resolve disputes in such cases and protect the rights and interests of administrative counterpart.In the administrative forced demolition cases,especially in the three cases in this article,there are many problems in the application of the principle of protection of reliance,the identification of the basis of reliance,the determination of the protection scope of reliance interests,and the selection of relief standards and principles for reliance interests.For example,the application of the principle of reliance protection is confusing,the scope of the recognition of the administrative agency as the object of reliance is not clear,the scope of the determination of the behavior of the administrative agency as the object of reliance is too broad,the scope of protection of reliance interests is limited,the principle of relief of reliance interests has not reached a consensus,and the standard of relief is absent.To this end,It is necessary to establish identification rules for the basis of trust.The scope of reliance objects should be all relevant administrative subjects,and the scope of reliance objects should be effective administrative actions.And distinguish the scope of protection of reliance interests according to the fault of the counterparty and the administrative organ.The remedy principle of clear reliance interest is that the recompense or compensation for the loss of the house involved in the case should not be lower than its market price,and relief standards are determined differently based on recompense and compensation.And according to the difference between the forced demolition of fully legal buildings and incomplete legal buildings,the type of application of the principle of trust protection can be realized. |
