A Brief Introduction Of The System Proposal Of China Administrative Recoupment

Administrative recoupment is an important legal system, which can balance the rights and obligations between state and civil. On the one hand, it inhibit the abuse of public power and misused; on the other hand, it trade-off administrative efficiency and administrative fairness. However, the system of administrative is only simple introduced in Article 4 of the "State Compensation Law" and Article 68 of the "Administrative Procedure Law". It due to play a virtual role.The establishment of the system of administrative recoupment not only reduce the state's financial burden, but also can enhance their sense of responsibility to promote the rule of law. Therefore, the improvement of the system of administrative recoupment is necessary and urgent. At present, more and more cases of injustice are exposed. For example, the "SHE Murder Case" and the "Zhao cases," the direct cause of this phenomenon is the public security system, there are low-torture quality of the members, but led them to the root cause of such reckless is not illegal for them the punishment mechanism for the exercise of authority, or that there is no really effective punishment mechanism will act in their implementation of the law when they perform a deterrent force to stop them from this kinds of violations of the laws of the sword. As a continuation of the implementation of administrative accountability system, administrative compensation system and the need to ensure that the executive recovery system should be the necessary attention, and make the appropriate reforms.Legislation of the system of administrative recoupment is simple, but a lot of local Government issued also more specific provisions of recovery standards and procedures. For example, the "Yu of Chongqing district the implementation of'State Compensation Law' pilot Chief recovery method." So I refer to some actual data, have a brief introduce of the system of administrative recoupment. Firstly, I give an overview of administrative recovery system, analyze the concept and nature of the system of administration recoupment, but also with countries outside the system of administrative recoupment contrast; second part of the reference system of administrative recoupment situation, list the system of administrative aspects of loss recovery, such as administrative recoupment of the aging and so on; In the third part, I expound the system of administrative recoupment need to make develop and improve, with emphasis on the establishment of the need the system of administrative recoupment; Finally, I combine the present situation of administrative recoupment, and give some opinions about how to establish and improve the system of administrative recoupment.