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十八届四中全会以来,全面依法治国总目标的提出,加快推进了我国法治化进程的步伐。文章对合法预期保护的法理分析展开研究,对法治的基本原则;违法行政行为以及引发的合法预期;行政行为的效力理论与合法预期保护为研究的重点。通过国内外相关理论的分析对比,形成行政行为效力的判定基准;法治与行政裁量、行政自我拘束;违法行政的合法预期以及行政行为效力的判定基准及其与合法预期保护的关系。为新时期全面依法治国目标的实现提供基于合法预期保护法理研究的理论参考。
Since the Fourth Plenary Session of the 18th CPC Central Committee, the overall objective of running the country in accordance with the law has been put forward in a bid to speed up the pace of the rule of law in our country. The article studies the lawful analysis of lawful expected protection, and focuses on the basic principles of the rule of law, the law-breaking behavior and the legitimate expectation, the theory of the validity of the administrative action and the lawful expectation protection. Through the comparison and analysis of relevant theories both at home and abroad, the judgment basis of the validity of administrative action is formed; the rule of law and administrative discretion, the self-restraint of administration; the lawful expectation of illegal administration and the judgment basis of the validity of administrative action and its relationship with lawful expected protection. For the new era of the goal of a comprehensive administration of the country according to law to provide theoretical basis for the study of the legal protection of lawful expectations.