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诚信原则是民法最重要的原则之一,但某些国家的情形表明,诚信原则亦渐渐被奉为行政法的基本原则。我国已经接受了依法治国、依法行政的治国方略,我们能否将诚信原则植根于我国的行政法?诚信原则作为行政法的原则,其适用的可能性或范围有多大?由于我国行政程序法尚在酝酿之中,也未见司法实践中有此等案例,且鲜有涉及诚信原则在行政法领域适用的学理讨论,因此,首先在理论上探讨和澄清的诚信原则诸问题,对上述问题的回答是必要的、有益的。
The principle of good faith is one of the most important principles of civil law, but the situation in some countries shows that the principle of good faith has also gradually been enshrined as the basic principle of administrative law. China has accepted the strategy of running the country according to law and administration according to law. Can we root the principle of good faith into the administrative law of our country? The principle of sincerity as the principle of administrative law has its application of possibility or scope. As China’s administrative procedure law Are still under discussion and have not seen any such cases in the judicial practice. And there are few academic discussions concerning the application of the principle of sincerity in the field of administrative law. Therefore, we first discuss and clarify the issues of the principle of good faith in theory and analyze the above problems The answer is necessary and helpful.