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Research On The System Of Recovery

Posted on:2018-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2336330533956197Subject:legal
Abstract/Summary:PDF Full Text Request
The system of recovery is an integral part of national compensation system,there are two purposes of the system: first,while the country takes responsibility,the system of recovery can supervise the relevant responsible personnel to perform their duties according to law by pursuing their responsibilities;second,it can not only safeguard social justice and protect the interests of claimants,but also achieve the function that the national organs self-management and completely error correction.However,in the legal practice of state compensation,although there are cases in which the claimant is compensated for injustice or wrongdoing,there are few cases in which national staff are recovered because of illegal handling,the recovery system seems to have entered the "dormant state" since the date of the introduction.It requires us to reflect on the system of recovery that has been established by legislation.As the provisions of our legislation on the recovery system is not specific enough,even too empty and fuzzy,so the recovery system is difficult to put into practice and operate.So,if we want to "wake up" this system and promote the state organs of staff to fulfill their powers according to law,the key is to improve the legislation.The purpose of this paper is to analyze the basic theory of the system and the analysis of the entity aspects of the system,compare with the legislation in other countries and regions,then put forward the personal views on the existing system,and draw lessons from the experience of foreign legislation and combine the legislative ideas of our country to put forward the relevant solutions,thus making the system more perfect,supervising the organs of compensation to actively exercise the right of recourse,and finally the system of recovery will be implemented.
Keywords/Search Tags:national recovery, recovery standard, recovery procedures, the limitation of recourse
PDF Full Text Request
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