信赖保护原则在行政行为适用中的研究

发布时间：2018-08-01 11:48

【摘要】：第二次世界大战之后，信赖保护原则作为德国行政法中基本原则的新来者，若干年后，这一原则已应用于多个国家和地区，当时，信赖保护原则引起很多学者的关注，之后在理论和实务上对其做了大量的研究，但是就目前来看，相对大陆法系的国家来说，有关信赖保护原则的理论和实践研究一直都是处于落后的状态。伴随着经济的发展，政府的权力逐渐地扩大，政府的行政行为带有很大的随意性、任意性，体现在执法进行过程中，行政机关变化其之前的行政行为，如撤销、改变、废止等行为，尤其是在行政许可方面表现的非常地明显，公民的合法利益因行政机关撤、改、废止行为而遭受损失的，行政机关损害相对人的信赖利益的事例相对频繁发生，，对此，如何保护相对人的信赖利益的问题才开始真正被我国的法律学者所关心。我国一直提倡“依法治国”政策，其中要求政府要依法行使行政权,这也是对政府行为的要求,代表国家的行政执法人员在执法过程中，根据我国的法律、法规进行工作，理性的处理好政府与公民两者之间的关系，同时有利于防止公共权利的裁量权的不合理的滥用，合理地平衡公共权力与私权利之间的关系，这就要求在现实生活中使得政府的行政行为损害公民的既得利益或期待利益的事件越来越少，政府才能真正做到诚信政府、责任政府，法治政府。对此，政府除了履行好自身应有的职权之外，也要把维护公民合法权益作为其宗旨，信赖保护原则可以对行政机关的行为起到制约作用，从而更加有助于保护公民的合法利益遭受不利的影响或者损失。
[Abstract]:After the second World War, the principle of the protection of trust, as a newcomer to the fundamental principle of German administrative law, was applied to many countries and regions several years later. At that time, the principle of the protection of trust attracted the attention of many scholars. After that, a great deal of research has been done on it in theory and practice, but at present, compared with the countries of continental law system, the theoretical and practical research on the principle of the protection of trust has always been in a state of backwardness. With the development of economy, the power of the government expands gradually, and the administrative behavior of the government has great arbitrariness and arbitrariness, which is reflected in the process of law enforcement, when the administrative organ changes its previous administrative behavior, such as revocation, change, etc. Such acts as repealing, especially in the aspect of administrative licensing, are very obvious. If the lawful interests of citizens suffer losses as a result of the withdrawal, reform or annulment of the administrative organs, the cases in which the administrative organs damage the trust interests of the relative parties occur relatively frequently. Therefore, the question of how to protect the relative person's trust interest is concerned by the legal scholars in our country. Our country has always advocated the policy of "governing the country according to law", which requires the government to exercise executive power according to law. This is also a requirement for government behavior. In the process of enforcing the law, administrative law enforcement personnel representing the country work in accordance with the laws and regulations of our country. The rational handling of the relationship between the government and the citizens is beneficial to prevent the unreasonable abuse of the discretion of public rights and to balance the relationship between the public power and the private right. This requires that in real life, there are fewer and fewer events in which the administrative actions of the government harm the vested interests of the citizens or expect the interests of the citizens. Only when the government can truly achieve the good faith government, the responsible government, the rule of law government. In this regard, in addition to performing its due functions and powers, the government should also take safeguarding the legitimate rights and interests of citizens as its purpose. The principle of trust and protection can play a restrictive role in the conduct of administrative organs. Thus more conducive to the protection of the legitimate interests of citizens to suffer adverse effects or losses.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.11

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