Theoretical Study And System Proposal Of Administrative Recoupment

As an important system of modern administrative law, the establishment development and consummation of the administrative recoupment will reinforce the responsibility awareness of civil servants and help them perform their duties according to law so as to guarantee our goal to run the state on the basis of law. Because of the simplicity and academic negligence to presentsystem, it needs to be consummated and detailed. Through the analysis of history, present state and theoretical basis of administrative recoupment, this thesis intended to put forward a few suggestions on the system of China.The article is made up of six Parts-Preface, Chapter 1 to 4 and conclusion. In thepreface, it gives a brief description of administrative recoupment, pointing out the meaning of the system. In chapter 1, relying on the administrative compensation , it interprets the concept and characteristic of administrative recoupment against civil servants with culpable negligence. It also explores the performing principle as well as the important conditions through defining administrative compensation.In chapter 2, the author provides a brief introduction to the history of administrative recoupment from the perspective of civil servants taking corresponding law-against responsibilities. It also makes a comparison about the legislative patter of administrative recoupment between China and foreign countries.Chapter 3 focuses on the theoretical foundation of administrative recoupmrent-the theoryon which the rights of administrative recoupment is based; the attribute of civil servants' responsibilities: the legal lelationship of to administrative recoupment against the servants.hi chapter 4, the writer comes up with the idea that we should consummate China administrative recoupment system by consulting foreign experience with China situation in consideration.In the last part, the writer draw a conclusion and put forward the expectation for the future.