摘要
信赖保护原则并非源于诚信原则,而是源自法安定性原则与基本权利规范。相对于依法行政原则而言,信赖保护原则仅在法理基础层面具有独特性,在规范适用层面则可以被法律化为依法行政原则的组成部分。从信赖基础、所期望的内容、获得保护的核心条件、提供保护的阶段与方式等方面来说,信赖保护原则不同于合法预期保护原则。我国行政许可法中并未对信赖保护原则作出规定,该原则在中国行政法中所可能具有的意义,仍然值得继续研究。
The principle of reliance protection is legally based on the reasonable reliance of individuals resulting from the exercise of public power and the interest herein, which must be protected by law, otherwise the individuals may suffer an unexpected loss. But this principle is supposed to differ from other principles, norms or systems involving the protection of reliance and the interest herein. This principle does not originate from the principle of good faith, but from the principle of legal stability and the norms of basic rights, for the principle of good faith does not have definite normal connotations. A probe into the abolition of the specific administrative act in favor of the administrative counterpart shows the extremely limited protection provided for the reliance interests by the principle of reliance protection. Specifically, the protection provided by this principle merely lies in the illegal reimbursement decisions in which the administrative counterpart＇s reliance interest deserves protection. In terms of legal or other illegal decisions in favor of the administrative counterpart, this principle functions together with the principle of administration by law. Compared with the latter, this principle is unique to a certain degree merely on a jurisprudential basis, which can be ＂legalized＂ and thus included in the latter. Besides, according to the base of reliance, the content of expectation, the core conditions of protection, and the phase and method of protection, the principle of reliance protection differs greatly from the principle of legitimate expectation protection. The principle of reliance protection has not been stipulated in the Administrative Licensing Law of the People＇s Republic of China. On a jurisprudential basis, even this principle cannot be completely contained in the connotations of the primciple of administration by taw, it needs to be realized through the application of the latter. Thus it is supposed to make a further study on the possible meaning of the principle of reliance protection in our administrative law.
出处
《法学研究》
CSSCI
北大核心
2010年第6期3-19,共17页
Chinese Journal of Law
基金
"中国政法大学211工程三期重点学科建设项目--社会转型期的法治政府建设与公民权利保障"阶段性成果
关键词
信赖保护原则
诚信原则
依法行政原则
合法预期保护原则
principle of reliance protection, principle of good faith, principle of administration by law, principle of legitimate expectation protection
