Reliance Protection for Returning the Social Security BenefitsFocus on the Revocation and Abolishment of Beneficial Administrative Act

To achieve the legislative goal of social security law, relevant social security benefits are given mainly through social security administration. If the requirements of social security benefits are not filled, revocation or abolishment of the relevant beneficial administration act will be taken. In this process, the principle of reliance protection has not been fully implemented in China's social security legislation. Theoretically, principle of reliance protection originates from the principle of legal stability and the norms of basic rights. And required by social state idea, the principle of reliance protection is much more emphasized in social security law. In the process of social security administration, whether the grantee’s reliance is supposed to be protected is determined by three requirements, including basis of reliance, performance confirmation of reliance and protection of reliance interest. If these three requirements are fulfilled, the effect of beneficial administrative act in unlawful case can be adjusted from three aspects, including whether to revoke the beneficial administration act can be revoked, whether the revocation or abolishment is retroactive and invalid and the return of the social security benefits.