On The Construction Of Administrative Recoupment System

Administrative recoupment legal system appeared with the development of the State Compensation legal system. China's legal law building was late, Administrative compensation and recoupment legal system have just established. So the law stipulations are general and operability is not strong. The substantive and procedural issues of the Administrative compensation recovery legal system are not specific. The substantive issues include the delineation principles of the administrative recoupment responsibilities, determining criteria of the recoupment amount. The procedural issues include recoupment limitation, concrete steps, relief means, and means of implementation. This paper attempts to explore the basis and feasibility for the construction of Administrative recoupment legal system. By comparing legislative experience abroad, it has described the author's initial ideas of the Administrative recoupment legal system's construction. The article is divided into three sections:Chapter one, it explores the basis for the construction of Administrative recoupment legal system mainly from the theoretical and practical perspectives, and the feasibility of building the system. In the theoretical part, it tries to interpret on the following three areas: the human relative freedom theory, principle of the consistent between powers and responsibilities, the principle of the human rights protection. In the practical part, it points out the limitation of China's existing administrative recoupment, and sums up the significance of building the system. Finally, it analysises the legislation, ideology and practice basis of the feasibility.Chapter two, it introduces the legislative system of Administrative recoupment legal system in France, Germany, Japan, South Korea, Switzerland, Austria and China's Taiwan region. Comparing with China's Administrative recoupment legal system,it does some evaluations and aggregates several advantages of these countries and regions.Chapter three, it introduces author's initial ideas of the system construction by large portion. Exposition is divided into four parts, the mainstay, the principle, the process as well as the relief and supervision of Administrative recoupment. The mainstay is prerequisite for the system activation; the principle must be clear, scientific and feasible; administrative procedures including file, investigative, decision-making, implementation procedures are essential to the system.. Finally, this paper discusses how to perfect the relief and monitoring system.