The principle of reliance protection in the administrative law and the principle of reliance protection in civil law share a common origin of thoughts,thus it is necessary to exercise restraint at the time of introducing the principle of reliance protection of the administrative law into the administrative contract system.Based on Fuller and Perdue's model of three kinds of contractual interests,the concept of"reliance interest"used in current trials involving an administrative contract actually corresponds to different combinations of expectation interest,restitution interest,and reliance interest.When the reliance receives the continuance-oriented protection or proactive protection,the"reliance interest"actually corresponds to the expectation interest;when the reliance receives property-oriented protection or passive protection,the"reliance interest"sometimes corresponds to the expectation interest,and sometimes to the reliance interest plus restitution interest,and sometimes to the restitution interest only.The crux of the issue lies in the rough equation between reliance and reliance interest,and the solution is to distinguish reliance from reliance interest in the field of administrative contracts and let the"reliance interest"in the field of administrative contracts conceptually be consistent with that in contract law.
Administrative ContractReliance InterestPrinciple of Reliance Protection
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