Administrative relative protection of legitimate expectations(Chinese Edition) by CHEN HAI PING

paperback. New. Ship out in 2 business day, And Fast shipping, Free Tracking number will be provided after the shipment.Paperback. Pub Date: November 2012 Language: Chinese in Publisher: Law Press in our current transition period. the upper legal norms change. or because of changes in the objective situation led to frequent changes of the administrative normative documents necessary. Once changed. how the face did not change before the citizens of the old legal order trust. and trust and take action at the same time. administrative normative documents arbitrarily be changed. can easily result in citizens trust the previous administrative provisions unfavorable results are as stricken but unforeseen damage. The legal system of our country over the years. the building is desperately needed scholars to answer to the above question. The reality of this problem (or substantially) that the one hand. according to the situation need administrative organs To effectively implement the policy change. in order to fulfill the purpose of the change; but on the other hand. the law to be taken into account thus faced with a potential threat the relative protection of legitimate expectations. Then. the administrative organ to what extent can legally be changed in order to achieve the complete needs of the public service; under what circumstances. what should be the legitimate expectations of the relative protection. of two homogenous different surface problem in our contemporary transformation The period was particularly outstanding. From a philosophical level. this essentially reflects the reform and development of the road and how to coordinate the relationship between the issues of stability and development; law level reflects how to seek to apply the principle of legitimate expectations to protect and tolerance between administrative normative documents changes generally fair tradeoff. General sense. in administrative law. the protection of legitimate expectations relative issues. the need to explore the following three aspects: First. What is legitimate expectations; expected legitimacy based on that expected legality of this is actually an extension of the first question. the purpose is to address what is expected is worth protecting; legitimate expectation in how legal protection. Chen Haiping ed protection of administrative relatively legitimate expectations - administrative normative documents changes the perspective of selected administrative normative documents changes as a research perspective. the perspective. to change the administrative control of the executive authorities investigate legitimate expectations how much energy the system of normative documents discretion. as well as its own how it will be protected by law. In the path of the study. executive relative protection of legitimate expectations: administrative normative documents changes the perspective of first derived through the analysis of actual case such a problem. that the existing legal system can not effectively control the administrative authority to change the administrative normative documents discretion. Next. the protection of the legitimate expectations of the administrative relative person: administrative normative documents changes the perspective of the first chapter of the first public law within the field of view to put forward their views on the expected legal nature and characteristics from the analysis of the expected at the national and status in the social life and the stakes. In order to complete the term shape the legitimate expectations in administrative law. the author uses the comparison method are described. First. select the representatives of the two legal systems - Germany and France and the United Kingdom law. and its related concepts. systems and technology to make a historic traceable to learn from the experience of other countries to pave the way for China's mainland. Around the legitimate expectations from the point of view of private law comparison. I explore trust and expectations of trust and expectations in private law and administrative law. in order to clear the legitimate expectations on Administrative Law has a unique meaning. on this basis I believe that the legitimate expectations is the counterpart can be made based on the trust of the activities of the administrative law benefits a future have expectations worthy of legal protection qualifications. In recognition of the general sense of the content is suitable for all administrative acts to change the premise. the second chapter the legality of administrative normative documents change scenarios expected. First of all from the point of view of the negativity for the legitimate expectations of the two major elements of their own. namely the quality of administrative normative documents and the relative quality of the people themselves. not worthy of protection expected to explain the scene. and learn from the experience of other countries to determine the expected legality comprehensive sexual elements. Chapter around the legitimate expectations by the protection and the legitimate expectations of how the program has what procedural constraints in ability. Summarized from the two aspects of the procedural and substantive procedural protection scenarios triggered expectations due to changes in the administrative normative documents. the author analyzes a given program to protect the four considerations. and factors in weighing the respective component theory of reference. this standardized consideration standards can guide our practical administration. Finally. the combination of administrative normative documents requirements change practice. the author through the detailed anatomy of each practice cases. when the changes proposed by the executive authorities should be involved in the program control mechanisms to restrict the administrative discretion. aims to achieve the legitimate expectations advance protection. Chapters IV and V the thrust is to demonstrate the physical protection of legitimate expectations. building administrative normative documents to change the physical restraint mechanisms. The part around the process of administrative autonomy legally change the tension between the principle of protection principles inherent freedom and the executive is expected to expand the demonstration. Chapter procedural protection and physical protection complementary associated demonstration of legitimate expectations should be substantive considerations as restricting the discretion of the administrative changes in the physical protection scenarios. as well as those arising from normative effect. at the same time I still around the legitimate expectations of the two major elements of their own. that the powers of the administrative normative documents and relative entity requires. creatively put forward the legitimate expectations should be set to re-consider several substantive aspects completed the for He Yunhan in the relative benefits demonstration of the importance of the protection of the legitimate expectations of the worth proposition. Subsequently. according to the discretion of the administrative normative documents changes can be divided into a consensus decision discretion and choose discretion. first of all explain the performance of the constraints of the legitimate expectations of decision discretion. Chapter V. in the analysis of administrative changes select discretion stage. I extend the legitimate expectations of the two main elements of their own. that the existence of the order of the administrative law basis and relative elements of subjective effort performing patterns type of legitimate expectations of study designed for the physical protection of legitimate expectations and the degree of protection (ie complete physical protection clause. the transitional provisions and compensation for damages clauses) provide theoretical support. Finally. based on the theoretical framework of the book. combined with the integration of coal mines in Shanxi event. try to put the theory into practice. to obtain self-consistent. Contents: Introduction solve the government to change the administrative normative documents freedom and civil protection of legitimate expectations in the first chapter of legitimate expectations - conceptual shape the expected legal property (a) is expected to the citizens of the countries trust and basic interest demands ( 2) is expected to citizens of the continuity of the order of the administrative law a experience reflects (c) is expected is a legal considerations restricting administrative law behavior change. put forward the concept of legitimate expectations with the progress of the study (a) statute German trust protection principles (b) case law as the core of British protection principle (c) domestic doctrine legitimate expectations preferences and our choice of three legitimate expectations defined (a) the legitimate expectations of the meaning of (b) the legitimate expectations the legitimate expectations of the type (c) margin around the expected benefits Discrimination (a) reliance interest in administrative law and expected benefits (b) the legitimate expectations and vested rights. the legal status of the protection of interests as well as simple expected relationship five select the reason for China's concept of legitimate expectation (a) semantic grounds (b) practice demand the reason administrative normative documents change and worthy of protection of legitimate expectations. change the meaning of the administrative normative documents. types and their Real (a) What is the administrative normative documents and changes thereto (b) change the type of administrative normative documents (c) administrative normative documents to change the substance of two expected not worth protecting can change the scene of the administrative regulatory documents (a ) triggered scenes administrative normative documents quality (b) triggered due to the relative quality of the scene. the overview of the constituent elements of the legitimate expectations in administrative normative documents changes in (a) administrative normative documents mean must is clear. unambiguous and unrestricted conditions (b) administrative normative documents must have validity characteristics (c) relatively unknown administrative normative documents the existence of (d) the relative condition (e) the relative detrimental reliance is not required to provide administrative normative documents changes associated with the principle of protection of legitimate expectations of the fact that four administrative normative documents related change and the protection of legitimate expectations: must discern the proposition (a) (b) It is expected that the legitimacy of the (legal) is expected to be protected not be confused legitimate expectations procedures to protect. procedural justice the program protected grounds (a) procedural justice instrumental value of the protection of legitimate expectations. (b) non-instrumental value of the protection of legitimate expectations. what kind of scenarios required to obtain procedures to protect (a) program protection on the basis that the basis of legitimate expectations have claims ... Chapter Chapter physical protection of legitimate expectations (a) physical protection of the legitimate expectations (b) Satisfaction guaranteed,or money back.