Administrative Recovery System To Explore

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 present system, it needs to be consummated and detailed., and the system is not be paying cloese attention to in academic circles. Through the analysis of theoretical basis, legal relation of administrative recoupment and so on, this thesis intended to put forward a few suggestions on the system of China.The article is made up of six Parts-Prefaces, Chapter 1 to 4 and conclusion. In the preface, it gives a brief description of Recoupment against Employees with Culpable Negligence, pointing out the meaning of the system. In chapter One, it interprets the concept tha Recoupment against Employees with Culpable Negligence; Then has analyzed the properties that the Recoupment against Employees with Culpable Negligence from two angles of power and responsibility. From the viewpoint of power, the administration claims for and takes the place of the request right in the location, and it is both a kind of responsibility; Finally it has analyzed the relationship between Recoupment against Employees with Culpable Negligence and the special authority relations, internal administrative action relation. The second chapter multianalysis has carried on the the subjective condition, namely by additional compensation person subjective mistake recognizing, In the model criminal law correlation theories, has analyzed "the intentionally" and "the significant error" recognizing. Third chapter is the standard of Recoupment against Employees with Culpable Negligence, this also a premise which the Recoupment against Employees with Culpable Negligence. This chapter in under the premise of making clear principle, proposing concrete standard and pursuing the monetary award undertaking with the payment way. In chapter Four, there is the author's suggestions on the establishment of the decisive procedure, the supervision procedure, the complementary procedure, and particular prescription. In the last recoupment system by the writer draw a conclusion and put forward the expectation for the future.