The Concretization of the Principle of Reliance Protection in Administrative Law
The principle of reliance protection in administrative law is widely accepted in civil law countries and regions.However,little attention is paid to the concretization of this principle.The concretization of reliance protection principle is not only an inherent requirement for the practical effectiveness but also a complementary expression of the basic-principle status of this principle.A review of the institutionalization process of the reliance protection principle in civil law countries and regions shows that multiple models exist for concretizing this princi-ple.Depending on whether it is achieved through administrative procedural legal norms,two models can be discerned:the legal principle model and the procedural legislation model.The procedural legislation model can be further categorized into the differential protection legislation model and the integrated protection legislation model.Japan serves as the typical representative of the legal principle model.Germany and the Taiwan region of China during the pre-Adminis-trative-Procedural-Law era also belonged to this model.Germany after formulating the Adminis-trative Procedural Law stands as a typical representative of the differential protection legislation model.The integrated protection legislation model emerges as the mainstream model for concre-tizing the reliance protection principle and is adopted by the post-Administrative-Procedural-Law Italy,Spain,South Korea,and the Taiwan region of China,among others.By comparing and observing different models,this article draws the following conclusions:firstly,compared to the procedural legislation model,the legal principle model better maintains the essence of the reliance protection principle but relies more on local case law resources;secondly,compared to the differential protection legislation model,the integrated protection legislation model has grea-ter strength and a wider scope in applying the survival protection method to protect the reliance interests while placing a heavier burden on the judiciary in weighing interests in individual ca-ses.By using the ideal model analysis to study the concretization of the reliance protection prin-ciple in China,this article concludes that:firstly,China should aim for the integrated legisla-tive protection model;secondly,China currently adopts the legal principle model;and thirdly,the pursuit of the integrated protection legislation model does not conflict with the development of the legal principles model.By issuing guiding cases on the principle of reliance protection and initiating the compilation of reliance protection cases in various administrative fields,the concretization and localization of reliance protection principles can be simultaneously addressed.
NETL
NSTL
万方数据
维普
