行政信赖保护原则之法理探析

ON THE LEGAL BASIS FOR THE ADMINISTRATIVE TRUST PROTECTION PRINCIPLE

信赖保护原则是行政法的一个基本原则,近几年研究已很多,但是对其法理依据却是众说纷纭。文章试从对各种观点分析入手,从宪法基本原则角度,即人民主权原则、法治原则和基本人权原则角度,来揭示行政信赖保护原则的法理基础。

The trust protection principle is a fundamental principle of the Administrative Law in China and the problem has been well studied in recent years. However, experts and scholars vary greatly in their understanding of the legal basis of the principle. This paper discusses its legal basis from the perspective of the principles of the Constitution of the People＇s Republic of China and the spirit of constitutional government.