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The Trust Protection Principle in the Judicial Practice and Perfect

Author: GuoYang
Tutor: ManHongJie
School: Shandong University
Course: Legal
Keywords: Trust Protection Trust interest Administrative Procedures Executive Compensation
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 78
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Abstract


The Trust Protection Principle in the Administrative Law first originated and got developed in Germany around the World WarⅠ. Hereafter, the Principle has been constantly used by German Constitutional Court, becoming a principle at the Constitutional level not only applied to executive departments but also to legislature and judiciary organs.It’s generally believed that the Trust Protection Principle in the Administrative Law came into being on the basis of the invariability principle in law and the faith principle in the civil code step by step, aiming at the maintenance of social law order and the protection of the legitimate and reasonable expectations of citizens. The Trust Protection Principle is stipulated in the Administrative Procedure Act in many countries and regions, while the different stipulation of the Principle in different places leads to different actual implementation.In the case of our country, the research of the Trust Protection Principle in Hongkong, Macao and Taiwan is earlier than the mainland and there’s clear and specific stipulation of the Principle in the Administrative Procedure Act in Taiwan. In mainland China, the Trust Protection Principle is prescribed in the Administrative Procedure Act ever since the year 2004 and from then on the Principle is formally established in the form of law in our country, which indicates the determination of the construction of an honest government and the protection of the right trust interests of administration relatives. But it’s noteworthy that no more specific provisions are stipulated since the establishment of the Principle. The Principle is needed to solve problems in many administrative cases, but the lack of provisions of the Principle in the Administrative Law in our country and how to use the Principle in judicial practices becomes a new problem in administrative trial practices. The writer investigates the use of the Principle based on the relative cases in administrative trial practices and proposes on how to modify the Principle in legislation, judicature and law enforcement in mainland China. The paper is composed of the Foreword, the Main Body and the Conclusion, among which the Main Body is divided into three parts.PartⅠdiscourses the initiation, development and connotation of the Trust Protection Principle, including the theoretical basis, main contents and applied scope of the Principle. Furthermore, it analyzes and makes comparison in the Principle between the Continental countries, British & American countries and our country.PartⅡdiscourses the application of the Principle in judicial practices, including the use of the Principle in the Continental countries, British & American countries and our country, and the application in our country includes the use in Taiwan and mainland China.PartⅢdiscourses the problems in the application of the Principle in mainland China, such as the problems of ambiguity in applicable scope of the Principle, lack of definite stipulation of the meaning of public interest and the incompletion of the prescription of executive compensation, and proposes on how to modify the Principle in legislation, judicature and law enforcement.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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