信賴保護原則在行政行為適用中的研究
發(fā)布時間：2018-08-01 11:48
【摘要】：第二次世界大戰(zhàn)之后，信賴保護原則作為德國行政法中基本原則的新來者，若干年后，這一原則已應用于多個國家和地區(qū)，當時，信賴保護原則引起很多學者的關(guān)注，之后在理論和實務上對其做了大量的研究，但是就目前來看，相對大陸法系的國家來說，有關(guān)信賴保護原則的理論和實踐研究一直都是處于落后的狀態(tài)。伴隨著經(jīng)濟的發(fā)展，政府的權(quán)力逐漸地擴大，政府的行政行為帶有很大的隨意性、任意性，體現(xiàn)在執(zhí)法進行過程中，行政機關(guān)變化其之前的行政行為，如撤銷、改變、廢止等行為，尤其是在行政許可方面表現(xiàn)的非常地明顯，公民的合法利益因行政機關(guān)撤、改、廢止行為而遭受損失的，行政機關(guān)損害相對人的信賴利益的事例相對頻繁發(fā)生，，對此，如何保護相對人的信賴利益的問題才開始真正被我國的法律學者所關(guān)心。 我國一直提倡“依法治國”政策，其中要求政府要依法行使行政權(quán),這也是對政府行為的要求,代表國家的行政執(zhí)法人員在執(zhí)法過程中，根據(jù)我國的法律、法規(guī)進行工作，理性的處理好政府與公民兩者之間的關(guān)系，同時有利于防止公共權(quán)利的裁量權(quán)的不合理的濫用，合理地平衡公共權(quán)力與私權(quán)利之間的關(guān)系，這就要求在現(xiàn)實生活中使得政府的行政行為損害公民的既得利益或期待利益的事件越來越少，政府才能真正做到誠信政府、責任政府，法治政府。對此，政府除了履行好自身應有的職權(quán)之外，也要把維護公民合法權(quán)益作為其宗旨，信賴保護原則可以對行政機關(guān)的行為起到制約作用，從而更加有助于保護公民的合法利益遭受不利的影響或者損失。
[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.
【學位授予單位】：貴州民族大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.11
本文編號：2157481
[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.
【學位授予單位】：貴州民族大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.11
【參考文獻】
相關(guān)期刊論文 前10條
1 齊建東;;融合互補:行政法上信賴保護與誠實信用原則的合理定位[J];長春工業(yè)大學學報(社會科學版);2011年06期
2 黃學賢;行政法中的信賴保護原則[J];法學;2002年05期
3 丁娜娜;;試論信賴保護原則在行政指導中的運用[J];法制與社會;2011年28期
4 王亞麗;;行政法中誠信原則探究[J];遼寧公安司法管理干部學院學報;2013年04期
5 李悅萍;;淺析我國行政法上的信賴保護原則[J];河北軟件職業(yè)技術(shù)學院學報;2011年03期
6 徐朝建;;我國《行政許可法》中信賴保護方式探究[J];湖北警官學院學報;2013年04期
7 張艷;;論我國行政信賴保護原則的適用及完善[J];陜西教育(高教版);2013年04期
8 章志遠;行政撤銷權(quán)法律控制研究[J];政治與法律;2003年05期
9 王雪松;論授益行政行為的撤銷限制[J];政治與法律;2004年04期
10 高雪;;信賴利益與行政救濟中的行政補償問題[J];知識經(jīng)濟;2011年22期
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