论行政法原则的司法适用——以诚实信用和信赖保护原则为例

行政法原则在行政法中具有重要的地位,司法也应对此加以保障。行政法原则的表现各不相同,效力各异,司法在适用这些原则时应遵循不同的规则,采取不同的技术加以阐释和推理。这既是司法权的法律执行性的要求,也是与法院的宪法地位相适应的要求,更是立法对司法裁量权的一种合理的限制。

On the Application of Administrative Doctrine by Judge

Administrative doctrines are very important in administrative law. They should be guaranteed by judicial branch. Given that these doctrines take various forms and effect, it is reasonable for judge to apply different rules and techniques accordingly. This is the requirement of both judicial branch as a law enforcer and the constitutional position taken by judicial branch, moreover, the reasonable constriction to the discretion of judge given by legislation.