--本次選讀之內容為：『法治國之信賴保護原則』，關於『信賴保護原則』乃行政法上之重要原則，且具有憲法之位階。而選讀之大法官釋字589號，基本上是針對『法治國原則（The Principle of Rule of Law）』及『信賴保護原則（The Principle of Legitimate Expectation）』二者為原理上之解釋，並針對人民權利之維護、法秩序之安定、行政命令或法規之效力，涵攝信賴保護原則之保護範疇。以下茲引用大法官釋字589號相關之重點內容，也請大家參考。
J. Y. Interpretation No.589 (excerpts from the No.589)
The principle of rule of law is a basic principle of the Constitution and its purposes are to ensure the protection of the rights of people, the stability of the legal order and the compliance with the principle of legitimate expectation. After the promulgation and implementation of an administrative regulation, if the authority that instituted or promulgated the regulation amends or repeals the regulation according to legal procedure, it should also take into account the protection of the legitimate expectation of the regulated party. If the regulated party has apparently acted objectively in response to the facts constituting the legitimate reliance during the period of the implementation of the regulation, thus creating the basis of reliance, and the party has the benefit that is worthy of protection, the party should then be protected by the principle of legitimate expectation. As for the method adopted to protect the benefit of legitimate reliance, i.e., whether it is by reducing or preventing damage to the party, or by refraining from influencing its legal position acquired under the law, it should be decided by assessing and balancing the factors of public interests such as the political purposes pursued by the change of legal order and financial ability of the state, and the weight of the legitimate reliance and the meaning and value of the basic regulation on which the legitimate reliance is based and so forth. If the basic regulation on which the legitimate reliance is based has the effect of realizing the purpose of public interests through the protection of the legal position rather than protecting the mere legal position of private interests, the protection of legitimate reliance involved with the change of the basic regulation should be strengthened so as to prevent the party from damage, thus assuring the public purposes that the basic regulation is intended to realize.
兔寶寶律師謹筆 2010.2.3 AM.11.36
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