JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (5): 30-36.DOI: 10.13766/j.bhsk.1008-2204.2014.0640

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Elements of Reliance Protection of Collaborative and Joint Administrative Enforcement

SHEN Yuedong   

  1. Law School, Fuzhou University, Fuzhou Fujian 350116, China
  • Received:2014-12-08 Online:2016-09-25 Published:2016-08-23

Abstract:

Reliance protection in collaborative and joint administrative enforcement should first meet the requirement of reliance protection elements before selecting protective measures. Identification of reliance basis should review whether a positive action made by the administrative law enforcement agency constitutes a specific administrative act and whether the unsettled matter is within the jurisdiction of the agency. There is an objective causality between the action of the administrative counterpart disposing his right and that of the law enforcement agency, which is the criterion of reliance behavior. Identification of reliance worthy of protecting depends on whether administrative counterpart has a fault in specific administrative act on reliance basis. Reliance protection measures should be based on the measurement of private and public interests, choosing one or a combination of subsistence protection, property protection and transitional measures.

Key words: administrative enforcement, collaborative and joint, reliance protection, reliance elements, protection measures

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