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信赖保护或者合法预期保护①原则,已成为现代宪政国家行政法上基于维护法秩序的安定性、保护行政相对人合法权益和培育善的守信政府权威的一项基本原则。这一肇始于德国上个世纪初的司法实践原则,②已经在大陆法系和英美法系③多个国家得到了广泛的认可。一般认为,我国行政法学界对信赖保护原则的研究始于21世纪初,④在立法上,缺少含义明确的、起统率作用的规范,仅仅于行政许可法第八条有所体现。然而,许多人未曾注意到的是,我国法院在司法实践中,亦紧随学理研究的步伐,在知识产权领域的商标确权行政案件中,对信赖保护原则在行政法上的司法适用进行了大胆而有益的探索,并积累了宝贵的经验,值得总结和研究。
The principle of trust protection or lawful anticipatory protection has become a basic principle in the administrative law of modern constitutional government on the basis of safeguarding the stability of law and order, protecting the legitimate rights and interests of the administrative counterparts and fostering good and trustworthy government authority. This principle of judicial practice originated in Germany at the beginning of the last century (2) has been widely recognized in civil law and common law countries in many countries. It is generally believed that the study of the principle of trust protection begins in the beginning of the 21st century in China’s administrative jurisprudence. (4) In the legislation, the lack of a well-defined normative function that plays an implicit role is only reflected in Article 8 of the Administrative Licensing Law. However, what many people have not noticed is that in the judicial practice, our courts also follow the pace of academic research and applied the judicial application of the principle of trust protection in administrative law in the administrative cases of trademark right-defying in the field of intellectual property Bold and useful exploration, and accumulated valuable experience, it is worth summarizing and researching.