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Analysis of the Principle of Reliance Protection in Administrative Permission Law

Author: HuaEnHui
Tutor: ChengJian
School: Inner Mongolia University
Course: Administrative Law
Keywords: The principle of reliance protection Administrative permission Application Protective method
CLC: D922.1
Type: Master's thesis
Year: 2008
Downloads: 251
Quote: 0
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Abstract


First put forward by scholars of Germany administrative law field and other Civil law legal system countrie,the principle of reliance protection was then accepted by legislation and now has been one of the important principles of administrative law in Civil law legal system.It has been studied deeply and has played an important role for the improvement of administrative system in Civil law legal system countries.Administrative Permission Law in China holds an affirmative attitude toward the principle of reliance protection through the substantial contents for the first time.However,it only shows the spirit of the principle,and the relevant system stipulations about the principle have to be greatly improved for its better operation in the administrative law system.Therefore,the study on how to execute the principle of reliance protection in Administrative Permission Law has become the priority task now.The author tries to research issues on the principle of reliance protection in administrative permission in the following ways.First,the author tries to describe the principle of reliance protection and Administrative Permission Law and elicit the significance of the principle of reliance protection in administrative permission system from analyzing the source,development and basic meaning of the principle and the nature of administrative permission.Secondly,the author aims to introduce the relationship between the principle of reliance protection and stability of law,and exactly "analyze the application of this principle in administrative permission.On the basis of that,the author puts forward her own opinions and concludes the protective methods of the principle of reliance protection in administrative permission.Lastly, combining with trial practice and examples,the author analyzes several issues on the application of the principle of reliance protection in administrative permission,and puts forward her own opinions about abolishment of legitimacy of administrative action;definition of public interest and standard of administrative compensation. Basing upon these,the author fully discusses the rich connotation of the principle of reliance protection in administrative permission in an attempt to seek the best way to protect the reliance interests of licensees,and explores the beneficial experience applicable to the principle of reliance protection from practice.

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