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Administrative Recovery System To Explore

Posted on:2011-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:R JiangFull Text:PDF
GTID:2206360305988365Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative compensation recovery system appeared with the development of the State Compensation legal system , it is an important part of the State Law of Compensation of China. Its establishment, development and consummation make great sense to Social Democracy. On the one hand, administrative compensation recovery system will reinforce the responsibility awareness of civil servants and help them perform their duties ; on the other hand, it's helpful to protect the legitimate interests of the public service. Because of the simplicity and academic negligence and lack of operability to present system, the system couldn't play its due role. 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 ofimplementation. This article intented to put forward a few suggestions on the system of China through the analysis of theoretical basis, leagel relation of administrative compensation recovery and compared with foreign regulations.The article is made up of five Parts-preface, Chapter 1 to 3 and conclusion. In the Preface, it gives a brief description of China's administrative compensation recovery system, and points out the limitation of the system and the necessity to consummate it.In Chapter 1, about some basic theories of administrative compensation recovery, it interprets the relationship between administrative compensation recovery and national compensation; national compensation is the basics and premise of the administrative compensation recovery, meanwhile, administrative compensation recovery has its Independence .Then explores the character of the system; analysis of the foundation of system. Finally, it analysises the legislation, ideology and practice basis of the feasibility.In Chapter 2, make a deep analysis of the system of our country through the subject, standard, procedure and so on. It points out the limitation of China's existing administrative recoupment, and sums up the significance of building the system. Then made a comparation between foreign and China, points out it can expand the subject of the administrative compensation, write administrative compensation standard and procedures in law.The last Chapter is the emphasis of the article. It mainly discusses the consummation of the system. This paper think the lack of the procedures of administrative compensation system is the main reason of the administrative compensation system. It analyzes the prescription, the procedure, the relief and the supervision of compensation recovery, points out the problems consisting in it, and puts forward the suggestions of consummation.In the Conclusion, the author sums up the content of the whole article, and bring forward the expectation to the future.
Keywords/Search Tags:State compensation, Administrative compensation recovery, Basic theory, System construction
PDF Full Text Request
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