协商视角下的行政赔偿程序

On the Procedure of Administrative Indemnity in the Perspective of Deliberation

2010年修订实施的《国家赔偿法》将协商规则纳入行政赔偿程序中,是与先进制度相接轨的现实表现,但由于规定过于粗糙和简单,在实际运行中收效甚微。文章以交往行动理论为依托,重新审视行政赔偿程序中的协商规则,分析协商规则在行政赔偿程序中面临的现实困境,并提出若干完善协商规则在行政赔偿程序中的路径。

The rule of deliberation has been included in the procedure of administrative indemnity since the Law of State Compensation was revised and implemented in 2010 which means to be integrated with the advanced system. It has little effect in actual operation for the existing regulations are too rough and simple. This article, based on the theory of communicative action, reassessed the rule of deliberation in the procedure of administrative indemnity, analyzed the real dilemma faced by it and put forward some suggestions to perfect it.