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1、1Administrative trust to protect the principle of judicial application of the obstacles and the pathThe book papers networks: Abstract: the application of administrative trust to protect the principle of administrative acts carried out judicial review, have been for Germany, Japan and of Taiwan regi
2、on are widely adopted at present, this principle in our judicial practice of facing with a number of obstacles, based on a comprehensive regulatory system executive power, and establish the universal belief of the public law as well as creating the need for honest government, I trust to protect the
3、principle of judicial application of the path to explore. Thesis Keywords: trust protection, judicial application of, obstacles to the path The principle of trust protection, also known as reasonable reliance principle of protection or the protection of the principle of reasonable expectations in re
4、cent years, administrative law scholars began to pay 2attention to the important position of trust protection principle in administrative law, or will be promoted as a fundamental legal principles, or depending on their “very valuable” principles of administrative law scholars trust protection princ
5、iples as one of the basic principles of public law as one of the basic principles of administrative law theory and system, using the principles in the administrative process is to achieve its The value and role of the most important way for us today the rule of law, law-based administration building
6、 has a very important practical significance. Judicial application of the necessity of an administrative trust protection principles (An objective need for comprehensive regulation of executive power At present, the supervision of the scope of executive power in our jurisdiction is very narrow. Righ
7、ts must be a relief, the right is guaranteed, but based on our provisions of the Administrative Procedure Law, the court accepted the lawsuit filed by the executive relative to the specific administrative act, and the abstract administrative acts, administrative guidance, and 3administrative commitm
8、ent administrative action brought by the case was inadmissible. Under the domination of the administration according to law the general principle, the administrative body shall protect the reliance interests of the administrative counterpart of administrative action, if damaged because the behavior
9、of the chief subject of the administrative trust interests, the administrative counterpart can be based on the principle of trust protection to request judicial relief Therefore, under the guidance of the principle of trust protection, all administrative actions should be monitoring of the judicial
10、power under the jurisdiction of the executive power regulation. (B foster public law universal belief of the inevitable Eminent jurists in the United States, written by Harold D Berman wrote: “The law must be faith, otherwise it will exist in name only. Not only contains some reason and will, but al
11、so includes a human emotion, 4intuition and dedication of the people, as well as people of faith. “profound interpretation of the concept of the rule of law and faith must be regarded as the spiritual heritage of the rule of law reform and opening up more than 30 years, we in the building of the leg
12、al system, rule of law has made tremendous progress, but the problem is obvious. such as the rapid advance of the legislative campaign, resulting in a number of laws, especially the low-level administrative normative documents have greater instability, rapidly changing, and even inconsistent. trust
13、protection principles to protect the basic premise of the relative interests of the people trust their faith in the law - the law must be able to bring fairness and justice in the true sense of the application of the law can not achieve its predictability, can not achieve fairness and justice, then
14、is bound to seriously damage the dignity and authority of the law, and have lost peoples trust in the law in building socialist political civilization, the rule of law today, in the referendum to establish a solid legal beliefs. (C create the reality of honest government 5calling In administrative p
15、ractice, the phenomenon of the Governments lack of credit. The Governments lack of credit events are often seen in the news media, “said the trust on the administrative law principle of protection of interests specifically for government and trustworthy, is to prevent the government promises a power
16、ful weapon. “trust protection principles focus on the protection of no fault of the executive relative trust in the executive and legal relief, to ensure that such legal or legitimate interests of the implementation is through the stringent requirements of the administrative organs responsible for their acts in order to This forced the government honest and trustworthy. Second, the Administrative Trust Judicial Application of the princi
