The Research On Administrative Recourse System

In2010, amendments to China’s State Compensation Law has made significant progress, but our administrative recourse system is still far from perfect.The paper learn from the view of the domestic and foreign scholars,and propose the construction of administrative recourse system. The main content of this paper is divided into four parts.Part Ⅰ.To discuss the general theory of administrative recourse system. To reflect the value of its own system of administrative recourse, through the analysis of the historical development of the State compensation and aministrative recourse. And on the basis of the analysis of the nature of administrative compensation and the definition of the concept of administrative recourse, we discuss administrative recourse characteristics, type and condition.Part Ⅱ. Mainly to discuss the status and significance of the system of administrative compenstaion.we analysis the lack of administrative recourseg system, pointe out that the existing administrative recourse legislation defects.All of this also provide foreshadowing for the fourth part and the third part. The discussion of the significance of administrative recourse system make we can see the value of administrative recourse system.Part Ⅲ. To discuss the entity system of administrative recourse. We mainly analysis the subject of the Administrative recourse, and research administrative recoupment principles, scope, amount and timeliness issues one by one.Part IV.To discuss the administrative recourse program system. We mainly propose administrative recourse program settings, including the implementation、the decision and relief program of the Administrative recourse, at the same time to do a step-by-step analysis for relief program of administrative recourse.