A Study On The Application Of The Principle Of Trust Protection In Public-private Partnership Administration

The principle of trust protection applies mainly in three areas within the scope of public law: the revocation and repeal of administrative acts of benefit,public-private partnership administration,and legal retroactivity.Under the background of the new era,the rise of public-private partnership governance model and the spread of government integrity construction provide "fertile soil" for the development of trust protection principles.In the administrative field of public-private partnership,the application of the principle of trust protection involves the protection of the interests of social partners and the construction of the integrity of administrative organs.The application of the principle of trust protection in public-private partnership administration has its basis for legitimacy.First,the social foundation of "the rapid development of the PPP model and the enhancement of public participation awareness";second,the theoretical basis of the "principle of good faith and the principle of legal stability";Third,the normative basis of "constitutional basis and other legal basis";Fourth,the value foundation of "contributing to the construction of a trustworthy government and escorting the realization of private interests".There are four requirements for the application of the trust protection principle in public-private partnership administration: trust basis,trust performance,deviant behavior,and benefit measurement.The logic of its application is: first,the administrative organ makes or recognizes the administrative act that effectively expresses the willingness to cooperate and is sufficient to make the partner trust;Second,the Partner implements corresponding reasonable disposal acts based on its trust in the administrative acts made or recognized by the administrative organs that effectively express the willingness to cooperate;Third,based on public interest considerations,administrative organs make administrative acts such as termination,revocation,revocation,non-performance,etc.,which change their original or recognized effective expression of willingness to cooperate,harming the rights and interests of the partner and resulting in a loss of trust;Finally,the public interest and the trust interest of the partner are measured,and the partner does not belong to the negative enumeration exclusion situation,and the behavior mode is determined by the method of "measuring the advantages of multi-subject participation".At this stage,there are mainly the following problems in the application of the principle of trust protection in public-private partnership administration: difficulty in identifying public interests,unclear scope of trust interests,abuse of administrative preferential rights by administrative organs,monopoly of administrative organs to measure interests,and different standards and procedures for property compensation.In view of the problems existing in practice,this paper puts forward specific suggestions on how to apply the principle of trust protection in public-private partnership administration:First,accelerate the legalization of the application of the principle of trust protection in public-private partnership administration.The path of legalization of the principle of trust protection in China is a gradual "point to point",and the method of legalization is to distinguish the division of administrative fields.Second,clarify the determination of interests where the principle of trust protection applies in public-private partnership administration.Trust interests in PPP administration should be considered within the scope of the partner’s "expected interest" rather than a "vested interest".Public interest is an abstract legal concept that accurately defines that the public interest should return to its "enjoyer".Third,regulate the administrative power to apply the principle of trust protection in public-private partnership administration.When administrative organs carry out acts that set or deviate from the basis of trust,they shall prudently exercise administrative preferential rights.The measurement of public and private interests should avoid the monopoly of administrative organs in measurement,and it is appropriate to adopt the method of "measuring the advantages of multi-subject participation".Fourth,optimize the property protection rules that apply the principle of trust protection in public-private partnership administration.Clarify the calculation standards for property protection of "procedures + entities",assess property losses by professional assessment institutions,and determine the amount of compensation according to laws,local regulations,government rules,normative legal documents of higher-level governments and standards set by the industry according to the assessment results;If the above standards are not available,the administrative organs shall negotiate with the partners to determine the amount of compensation in accordance with the principles of fairness and reasonableness,and promptly compensate them.Set up procedures for property protection,and inform the private party in advance of the assessment time,assessment subject,and reference standard of the lost property;Administrative organs shall invite property-related persons to participate in property assessments,and property-related persons may raise objections to the assessment results of the appraisal body;The results of property appraisal and the decision on compensation for property protection shall be disclosed within a certain scope.