浅析合法预期原则

A Brief Analysis of Legitimate Expectation

摘要: 合法预期原则起源于以英国为首的普通法国家。经过英国一系列判决，从程序性保护发端到实体性保护迈进。逐渐形成了以政府信任为基础，以实体性保护、程序性保护、补偿(赔偿)保护为救济手段的体系。中国学界对合法预期原则抱有极大的热情，但是立法和司法中对于合法预期态度模糊，合法预期原则未能彻底走上正轨。且目前很多能够由合法预期原则大展身手的领域，均被其他相关的制度取代，导致合法预期原则在中国引入缺乏必要性。

Abstract: The legitimate expectation originated from common law countries led by Britain. Through a series of judgments in the UK, the principle of legitimate expectation has moved from procedural protection to substantive protection. It has gradually developed into a system based on the trust of the government, with substantive protec-tion, procedural protection and compensation (indemnity) protection as the means of redress. Chi-nese academic study has great enthusiasm for the principle of legal expectation, but the legislative and judicial attitudes towards the principle of legal expectation are vague, and the principle of legal expectation has not been officially recognized. At present, many fields that can be fully utilized by the legal expectation principle are replaced by other related systems, which leads to the lack of ne-cessity for the introduction of the legal expectation principle in China.