行政信赖保护原则与人权保障

Protective Principles of Administrative Trust and Guarantee of Human Rights

信赖保护原则的确立有关于人权保障和诚信政府的建立,因此意义不凡。追溯历史,大陆法系国家的信赖保护原则及其制度出现较早,在行政程序法中比较完善,与之对仿的是英美国家中有"合法期待"原则和"正当程序"的要求,它们也都强调对行政相对人程序性权利的保障,因此有异曲同工之处;行政信赖保护原则体现了现代行政法对保障行政相对人权益的价值追求,有益于行政机关正确行使行政权,有利于行政机关与相对人之间互动、合作关系的形成;我国立法中正逐步确立该原则,但还很不完善,司法实践中对信赖保护原则的把握和适用仍显得不足;我国应明确界定信赖保护原则适用的条件并通过完善立法,建立起相关制度,从而对信赖保护原则提供制度性的有力支持。

The establishment of protective principle of administrative trust concerns the guarantee of human rights and founding of a trustworthy government. History shows that the protective principle of trust and its relevant systems appeared earlier in continental legal system and it was quite complete within the framework of the law of ad- ministrative procedure. Likewise, there are principles of intimate expectation and justifiable procedure in British and U.S. legal system, both of which have laid emphasis on the guarantee of individual＇s procedural rights against administration. The protective principle of administrative trust within the framework of modem administrative law, however, reflects the pursuit of the rights of the relevant individuals. It helps administrative organs to exercise ad- ministrative power properly and to develop an interactive and cooperative relationship between the administrative organs and relevant individuals. Even though this principle is being established in our country, it still remains imperfect and its assurance and applicability are not sufficiently involved in judicial practices. The conditions on which protective principle of administrative trust may be applied need defining in our country. Legislation should be improved and relevant systems be established in order to provide a strong systematical support for the protective principle of administrative trust.