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Discussion of the State Compensation Law in Administrative Recoupment

Author: PengLiang
Tutor: HouJian
School: Fudan University
Course: Legal
Keywords: State Compensation Law Administrative Recoupment Constitute conditions Recourse procedures
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


State Compensation Law \But this system, but also some imperfect place, for example, 16 of the Act provides that: \costs. \Of this article is to discuss the \Text in addition to the preface and epilogue, is divided into three chapters. Chapter Administrative Recovery system is based on the theory. Definition of the concept of administrative recourse to analyze the legitimacy of administrative recourse should handle good important relationship, this chapter also explores the extraterritorial administrative recourse system experience the revelation of our system construction. The second chapter of the Administrative Recoupment entity system build. Mainly investigate the composition of the administrative recourse conditions and recovery ratio. Administrative Recoupment the main constituent elements: the main recovery led to the responsibility of the State Compensation staff, including the relevant administrative staff entrusted with organizations and individuals engaged in administrative affairs. Responsible personnel of the administrative act of illegality, the subjective intent or gross negligence, wrongful act of responsible personnel led to the state liable for damages. Recover the amount of the proportion of the issue should be taken into account subjective degree of fault of the responsible personnel and income levels. Recover the amount of the proportion of the suitability of the relationship to the entire recover system can play an effective role. The third chapter discusses the Administrative Recovery program design issues. Administrative Recovery program is divided into ', decided to investigate, execute complaint five links. Generally speaking, the first after placing the organ for compensatory obligations related cases handed over to the investigation of the administrative organ under compensatory obligations investigation team responsible for recovery by the team responsible for investigating the specific transaction and the burden of proof. The end of the gathering of evidence, analysis and judgment on the evidence obtained material, comments, reportable compensation obligations authorities decided. Organ for compensatory obligations after the decision is implemented, can be used in the implementation of the negotiation and enforcement of combining. The complaint refers to the person who is responsible the processing involving himself satisfied with the decision, he knows within a certain period of time from the date of the original decision authority for review.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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