State Compensation Law Of Administrative Recourse Problem

The promulgation and implement of state compensation law indicate the significant progress in Chinese legal system construction. Since the implement of this law, there are still some deficiencies on ligislation. The article 16 of State Compensation Law was drafted as following:the indemnity obligatory agency shall,after the indemnity has been given, order the personnel or the delegated or individual with intention or major negligence to be burdened with all or part of the indemnity expenses. The article was not drafted with a serious consideration, because the scope and the stardard of indemnity, the procedure of recourse of administrative compensation and recovery are rough. Hereon the state compensation, types of recovery, recourse of administrative compensation and recovery will be introduced.This paper will probe into the problem of recourse of administrative compensation and put forward a proposal on the construction of administrative compensation system in Chinese State Compensate Law. There are three chapters in this paper except preface and epilogue.Chapter One. To discuss and analyse the basic concept of building the administrative compensation system, to define the concept of dministrative compensation, to analyze the validity of administrative compensation and to discuss the relationship which administrative compensation will deal with.Chapter Two. The chapter two will be divided into three parts and build the system of administrative compensation. In this part the constituent elements of vicarious liability on responsible person will be categoried as subject, object,subjective and objective. Intentional or grossly negligent will be defined. The income of civil servants, ratio of compensation and the amount of compensation of responsible organ will be cores in whole process. No matter in State Compensation Law or in the system of compensation, monetary payment will be the most efficient way. The ration of compensation will influence the efficiency of whole compensation system.Chapter Three. The chapter three will probe into the question of how to design the process of administrative compensation. The process of administrative compensation will divide in filing a case, decision,testification, execution and appeal. After the filing of a case, the organ which filed the case will transfer the relevant documents to the investigation team which responsefor the investigation of administrative compensation. According the law the civil servants will be investigated and the relevant authorities will make a decision whether the responsible person shouldcompensate the loss of nation. The team will bear the responsibility of testification. After the investigation team made a decison on theresponsibility, the team will analyse the evidence they got and the responsibility of testification they bore in order to have a macrography view on the case.Then the evidence and the conclusion report will hand to the compensation organ, the director of compensation organ will make an official reply on that. When the compensation organ make the decison for indemnity, the process of compensation will start. If the indemnity claiment disagrees with the reconsideration decision,he may, within 30 days of receipt of the notice of the reconsideration decision,apply to the indemnity committee of the people's court at the same level in the area where the anthority is located to make an indemnity decision.