Administrative Compensation Recovery System

Administrative compensation recovery system appeared with the development of the State Compensation legal system.Because its important rules,nowadays, it has been established up in many countries and regions. This system was also set up in China.However, the system couldn’t play its due role. The author believes that, the main reason resists in the simplicity and academic negligense to present system. This paper attempts to do some research about the related problems of the system and puts forward a few suggestions on the system of China to do a bit for improvement of the system and Social Democracy.The article is made up of Parts-preface,Chapter1to4and conclusion.In Chapter1, it discusses the meaning of administrative compensation recovery system; thinks this system in China not including recoupment of government to the organ for compensatory obligations; illuminates its function of promoting administration according to law, safeguarding the authority of law, reducing national burden, and protecting citizens’rights; it also analysises the close relationship between Admstrative Indemnity and the administrative compensation recovery system,and the relative independence of recoupment.In Chapter2, it summarizes the administrative compensation recovery system’s general historical evolution within the scope of the world and historical evolution in China, and attempts to construct the theoretical basis of the system, which reflects the author’s innovation. First, it argues from the following four aspects, namely the recoupment’s basis of philosophy and legal theory, the nature of the administrative recoupment, the nature of the administrative recovery responsibility and its constituents; Second,it illustrates the legal theory basis of the recoupment, that is, the theory with reservation agreement,the theory of people’s sovereignty,the theory of protecting human rights,the theory about the unity of power and responsibilities and the theory of law-based administration;Third, it analysises carefully the nature of the administrative recoupment, the nature of the administrative recovery responsibility;Fourth, it constructs the constitution of the administrative recovery responsibility; especially puts forward the criteria of gross negligence,which should be held integratedly from the judgment basis, the judgment standard and the possibility about behavior selection.In Chapter3, first of all, it introduces the practice of administrative compensation recovery in Germany, Japan, South Korea, Austria, Switzerland and Taiwan area, analyzes their advantages. Second, it summarizes legal provisions in China and the existing problems in practice;analyzes the cause to lead to problems, which lays the foundation for the following text.In Chapter4, it puts forward suggestions for perfecting administrative compensation recovery system in China.It clarifies the concrete measures of seting subject and its rights and obligations, seting up its time limitation and standards perfecting recoupment program, consummating relief and supervision system.Especially it sugests the administrative reconsideration and litigation as relief measures and establishing the administrative public system, recovering the administrative supervision organs and prescribing administrative legal liability as supervision system.