Research On The Application Of Administrative Recovery System

The application of administrative recovery is continuously established under the conditions of modern democracy and the rule of law.With the continuous improvement improvement of state compensation legislation,the application of state compensation has been well promoted,but administrative recovery has rarely been applied and has been criticized.There is no one who can’t be a sage,and it is inevitable that a public official of an administrative agency commits an error in the implementation of an administrative act.The state as the subject of public power bears the liability for compensation caused by public servants,but because it cannot indulge in unconditional mistakes made by public servants,The State Compensation Law has set up a system of administrative recovery,which aims to increase the awareness of law-abiding public servants of the administrative organs,require themselves to higher standards,regulate administrative behavior,and gradually establish a socialist legal system with Chinese characteristics.This article is mainly composed of four chapters and remarks.It first elaborates the basic meaning of the application of administrative recovery,analyzes the theoretical basis for the application of administrative recovery,elaborates the necessity of setting up an administrative recovery system from the perspective of social development,and then states the current status of application of administrative recovery.According to the current status of application,the problems in the application of the administrative recovery system were discovered,and the reasons were analyzed.One of the reasons for the low application rate of administrative recovery is that the legislation of the administrative recovery system in our country is generally vague,and the lack of legislation can also be said to be the main reason for this problem.On the basis of analyzing,the state’s administrative reparation legislation,it examines the extraterritorial administrative recovery system and incorporates extra-territorial advanced legislation and successful experience of the administrative recovery system to enrich or reform our country’s administrative recovery system legislation.Next,according to the theory of administrative reimbursement and its performance in practice,the applicability of administrative recovery is divided into two aspects: the application under general circumstances and the application under special circumstances.The problems that should be noticed in the general situation of administrative recovery should be discussed.The identification criteria for outstanding performance issues,in combination with other more comprehensive substantive laws and procedural laws,explore applicable standards and procedures suitable for the administrative recovery system,make up for the lack of theoretical basis and legal support for the application of administrative recovery in China,and fill in legislative blanks.The application of special circumstances is the highlight of the whole article and also the innovation of this article.Based on the analysis of the general situation,it discusses issues that should be noted in the application of special circumstances of administrative recovery,and mainly discusses the decision of entrusted and executive superiors or In the case of orders,the determination of the object of recourse and the division of responsibilities,combined with the scholar’s views and social practices,the author believes that the staff of the administrative agency as the entrusted subject should be listed as the object of recourse together with the entrusted organization or individual,and if the infringement result is entirely If caused by the entrusting entity or the superior,the entrusted organization or individual and the executing entity shall not be liable for administrative recovery.Based on the analysis of the aforementioned problems,the reason for the low application rate of administrative recovery is to propose a solution from the perspective of external supervision.This method not only refers to the current legal provisions related to the administrative recovery system,but also integrates the changes to the current constitution.The analysis of the functions of the newly established monitoring committee explores solutions to the application of administrative recovery from a fresh perspective.