合法預(yù)期論我國行政法合法預(yù)期保護(hù)原則之確立

1、-. z合法預(yù)期論文：我國行政法合法預(yù)期保護(hù)原則之確立【中文摘要】對行政法根本原則的研究能夠起到深化行政法學(xué)研究和完善行政法制的重大作用,為適當(dāng)約束行政機關(guān)的行政行為,保護(hù)行政管理相對人的合法利益,我國行政法中規(guī)定了信賴保護(hù)原則,但由于該原則圍較狹窄,在實際操作中受到諸多限制。因此,西方一些國家行政法中存在的合法預(yù)期保護(hù)原則為我們帶來了更廣闊的思路。合法預(yù)期保護(hù)的概念源于德國法,此后,在歐盟、法國、英國、美國等國家的行政法中得以廣泛應(yīng)用。本文擬在了解西方主要國家在合法預(yù)期保護(hù)制度的根底上,針對我國現(xiàn)狀,提出確立我國行政法合法預(yù)期保護(hù)原則的框架以及相應(yīng)的保護(hù)機制和措施?！居⑽恼縏o buil

2、d a credible government, constrain the administrative organs , protect the legitimate interests of the private party in administration ,the administrative law formulated the principle of The faith protection .But in practice, the faith protection principles are not adapted to the circumstances, the

3、e*ecutive authorities of the administrative process is necessarily restricted. Some Western countries have legitimate e*pectations in administrative law principle of protection brought us new ideas, the principles can promote the Administrative guidance , administrative pensation and other systems a

4、nd theories of reconstruction and reflection, and the give us a new theory of the review and thinking to accelerate the establishment of the rule of law, and make the government of the state and citizens develop a good relationship between.This article is divided into three parts with the gradual in

5、-depth analysis.The first part is about the protection of legitimate e*pectations. First discusses the protection of legitimate e*pectations principles in Germany, the European Union, the United Kingdom, and the United States, and second, focuses on the relationship between the legitimate e*pectatio

6、ns protection principles and The faith protection principles, that the introduction of the principle of legitimate e*pectations protection reasons, the conclusion is that the legitimate e*pectations as a standard operational stronger, because in trust protection principle, the focus of the protected

7、 object is the e*ecutive administrative counterpart behavior from the trust, which is a subjective standard, there are some difficulties identified. The legitimate e*pectations of civil servants from government agencies conduct and speech, the principle object of protection is the result of administ

8、rative action made by the e*ecutive authorities must be able to rise the legitimate e*pectations of ordinary people, which is e*pected to include both the administrative organ in the future will make a specific administrative act, including procedures based on specific administrative act made. This

9、is an objective standard. In addition, depend on theprotection of the theory is difficult to describe the protection of personal, it is one-sided to advocate the protection of personal interests, but the principle of protection of legitimate e*pectations claim the protection of personal interests, i

10、t also emphasizes the protection of public interests. And then, the article analysis of the position of legitimate e*pectations, e*pected to be caused by the acts of the e*ecutive authorities, including policies issued bythe e*ecutive authorities, to make administrative decisions, promises, and the

11、formation of the practice and so on. Meanwhile, the content must be reasonable, the e*pected must be legal, the last of the part is about the protection of legitimate e*pectations, it is divided into three aspects, namely, procedural safeguards, physical protection, indemnity (pensation) pensation p

12、rotection.The second part is a parative study about the principles of legitimate e*pectations, the article categorized and classified the situations of the Legitimate E*pectations, and shows the way in Germany, in the European Union, and in France, pare with the cases in our practices, finally e*pat

13、iate analysis and ideas. These three situations are, first, the Administrative organs changed the policy. Policy is part of civic life, The e*ecutive authorities and the relative people established a link between, when the policy in place, the e*ecutive should not be arbitrary unilateral change poli

14、cy, it should be constrained in the program. Considering China is in the social transition, many industries are in planning system to the market system. The initial policy, due to a lack of e*ecutive e*perience, information channels are sluggish, so less to research and listen. With the rapid develo

15、pment of society, the system is not as useful as it was. Therefore, I think, on the one hand is to encourage the e*ecutive to take gradual approach to minimize mutations. On the other hand, when the policy changed, Should be protect the individuals. Second, the administrative authority does not fulf

16、ill their mitments or provide error information. However, the e*ecutive often provide a variety of informal proposals, such as oral reply, published and so on. This shows that the e*ecutive authorities in their daily work have to administrative guidance widespread, because there is no formal procedu

17、re, when administrative authority does not fulfill its mitments, it should made relative based on the e*pected behavior , so, the mitment of the e*ecutive must act with the guidance and supervision of strict constraints. First, written information and mitment can lead tolegitimate e*pectations. Seco

18、nd, take appropriate measures to prevent the relative e*pected damage, and Administrative organ should not be liable for offer wrong information and mitment. Third, the e*ecutive authorities did not implement policies. Chinas Administrative Licensing Law in the provisions of the administrative licen

19、sing conditions other requirements prescribed by the petent authority, it shows that our law gives great discretion to the e*ecutive. To protect the legitimate interests of the administrative counterpart, the e*ecutive authorities in the implementation of administrative management must balance stabi

20、lity and fle*ibility to grasp. Treatment in the case, I think that should do the following two points. First, in the case, the e*ecutive must be given to deviate from the policy justification. Second, in the case, the deviate from the policy of the e*ecutive authorities should apply determine whethe

21、r the conduct was unfair or legal standards.The third part is the theory about the protection of legitimate principles, it base on the law. First discussed the principles of law, stability, the rule of law and administrative discretion, administrative self-restraint, the rule of law and personal aut

22、onomy relationship. In the rule of law, administrative authorities and the legal relationship established administrative counterpart, the e*ecutive administrative management must be according to law, and law stability theory includes two aspects, first, the stability of the law itself. That must be

23、specific and clear. Second, the law should be stability and reliability. The e*ecutive can not make arbitrary changes to the administrative acts, while the law must be strictly limited retroactive effect. Stability of the law aims to protect citizens from unforeseen changes in government behavior, n

24、ot only serve the government administrative acts of administrative efficiency, but also serve the interests of citizens. Therefore, the stability of administrative action law principle with the proper basis is established between the state and citizens a clear and stable relationship. Stability from

25、 the principles of law focuses on the principle of legitimate e*pectations, which are objective standards. At last analysis that the principle of legality is not all the requirements of the rule of law, illegal conduct can also lead to the legitimate e*pectations. At the end of the article, I e*press the effectiveness of administrative action theory and the relationship between the legal protections of legitimate e*pectations. Because the public admini