ISSN 1008-2204
CN 11-3979/C
SHEN Yuedong. Elements of Reliance Protection of Collaborative and Joint Administrative Enforcement[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2016, 29(5): 30-36. DOI: 10.13766/j.bhsk.1008-2204.2014.0640
Citation: SHEN Yuedong. Elements of Reliance Protection of Collaborative and Joint Administrative Enforcement[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2016, 29(5): 30-36. DOI: 10.13766/j.bhsk.1008-2204.2014.0640

Elements of Reliance Protection of Collaborative and Joint Administrative Enforcement

  • 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.
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