On Pefecting The System Of Chinese Administrative Recoupment

With regard to the Chinese administrative recoupment system, from the1989, China promulgated the“Administrative procedure law of the people’s Republic of China ",in this law, the concept of theadministrative recoupment system has been began. After the laws “Compensation law of the people’sRepublic of China “and” The measures for the administration of state compensation expenses” promulgatedadministrative recoupment system too. But in these laws, there are principled regulations on theadministrative recoupment system. For a long time, administrative recoupment system in practice is notideal. Because the confession by torture interrogation process.To the reason, may is not an effectivemechanism of punishment law to restrict law enforcement official law enforcement behavior, as can beseen, it is urgent for the improvement of. the system of administrative recoupment. China’s current laws andregulations have provisions on administrative recoupment system, but for the organ that has the right ofadministrative recourse and the type of people by the party, determine the amount of administrativerecoupment standards and other entities, as well as the process of administrative recoupment questiondoesn’t have specific. This legislation is scarce, caused the administrative recoupment power abuse andabandon.Research on administrative compensation system is very significant, first of all, from the legislativepoint of view, in China’s existing laws and regulations in general, the relevant provisions on administrativerecoupment system is too simple, which has many loopholes in the operation process, the lack of legalnorms; Secondly, from the actual implementation of the analysis of the situation, not a rigorous scientificprocedure as guarantee, the entity rights could not be fully protected. Therefore, from the point of view, thestudy of the administrative recoupment systems is pressing.If you want to know the administrative recoupment, the first thing is the administrative recoupmentIntroduction, includes the following contents: the concept of administrative recoupment, administrativerecoupment nature, administrative recoupment characteristics, administrative recoupment function. In thischapter, the author listed a number of countries in the world to understand the concept of administrativerecoupment, and according to the own understanding, redefined the concept of administrative recoupment. In the analysis of the nature of administrative recoupment, I agree with the administrative recoupment isadministrative legal responsibility disciplinary in nature, and in this chapter explains why. The second isthe "constitution of the administrative recoupment, the author expounds the constitutive elements ofadministrative recoupment, including its main body must be the administrative subject or administrativestaff in the implementation of administrative tort; the administrative organ for compensatory obligationshave been fulfilled liability; the administrative subject and administrative subject staff with intent or grossnegligence; there is a causal relationship between the illegal act of duty and the consequences of damage;administrative compensation recovery shall meet the timeliness requirements. In the second part of thischapter, this part descripts the determination of the fault liability of civil servants. Because in the actualoperation of the process, the reality of the situation is complicated and changeable, if a violation of civilservants is the result of instructions and commands, then the fault liability to how to identify, in this section,the author carries out a detailed analysis. The third thing is "the administrative compensation systemexisting problems and perfect", this chapter is the focus in this paper. In this part, the author collectedinformation legislation in all countries of the world, of the current administrative compensation systemproblems, including determination of administrative recoupment gold standard; the relief system ofadministrative compensation; supervision system of administrative recoupment; the limitation ofadministrative recoupment; administrative recoupment program problem, weighing the advantages anddisadvantages of Chinese and foreign administrative compensation, the improvement of the superficialunderstanding of the own.