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A Study On China's Administrative Recoupment Legal System

Posted on:2011-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:H ZouFull Text:PDF
GTID:2166330332971903Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative recoupment legal system appeared with the development of democracy and the rule by law in modern times. It's the product of the development of the theory and practice of State Compensation legal system. As an effective legal system, administrative recoupment will punish the civil servants who broken the law, reinforce their responsibility awareness and help them perform their duties according to law.Administrative recoupment legal system appeared in western countries between the last phase of 19th century and the beginning of 20th century, and it developed rapidly in the middle of 20th century. In China, it appeared following the issue for enforcement of the Administrative Procedural Law in 1989 and the National Compensation Law in 1994. But our Administrative recoupment legal system is general and operability is not strong, and its theory study is not deep enough. So this paper attempts to explore its history and theoretic foundation, discuss its concept, nature, character, form, function, structure, analyses its pros and cons, and describes the author's initial ideas of the administrative recoupment legal system's construction. The article is divided into three sections:In chapter one, the author discusses its concept, nature, character, form, function and structure. In chapter two, the author inspects overseas administrative recoupment legal system. Some good experience can be copied by China are described from analyzing several legislative examples in countries and regions. In chapter three, the author analyzes the pros and cons of administrative recoupment legal system in China, establishes its theoretical foundations, and describes the author's initial ideas about the ranges and the procedures of the administrative recoupment.
Keywords/Search Tags:Administrative recoupment, Administrative recoupment legal system, National compensation
PDF Full Text Request
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