The Hierarchical Application of the Principle of Reliance Protection in Administrative Law——A Localization Attempt from the Perspective of Theoretical Transformation
The principle of reliance protection,a cornerstone of German public law,follows a three-ele-ment application rule and has been introduced into China.However,injudicial practice,the patterns of reliance interest generation have varied,raising doubts about the role of reliance as a component As a re-sult,the theoretical disputes cannot provide clear,applicable guidelines for courts to follow.Through the analysis of the legal foundation and core values of the principle of reliance protection,it has been pro-posed that its application logic demonstrates hierarchical characteristics and that reliance interests should be implemented throughout the entire application process.On this basis,an effort should be made to in-corporate the hierarchical theory into the principle of reliance protection.This approach structures the ap-plication process into the hierarchy of reliance generation,reliance legitimate and reliance measurement.Compared with the condition-based application model,the hierarchical application model gives priority to examining the existence significance of reliance interests in an objective dimension,emphasizes the com-prehensive consideration of the court in the application of the principle,and thereby provides inclusive space for the development of the theory of reliance protection.In spite of the difference between the con-struction of administrative norms in Germany and China,and the vague prospect of British legitimate ex-pectation in China,it is doomed that China must establish her own discourse system for reliance protec-tion and that this process is undoubtedly a gradual exploration.
the principle of reliance protectionhierarchical theoryreliance interestjudicial applica-tion
NETL
NSTL
万方数据
