我国国家追偿制度的困境与出路

Predicament and Solution of China’s State Administrative Recoupment System

国家追偿制度设立的初衷在于对有故意或重大过失的国家工作人员,以责令其承担部分或全部赔偿费用的方式来惩戒其过错行为,从而警示工作人员依法行使职权,并通过弥补国家赔偿费用来适度减轻国家财政负担。我国国家追偿制度在立法上刚刚起步,仅在《中华人民共和国国家赔偿法》里作了原则性规定,追偿条件过于笼统、追偿标准不尽统一、追偿程序尚不完备,致使追偿制度难以落实。完善国家追偿制度,应当正确界定其价值与功能,从制度建设入手,确立统一的国家追偿机构、落实追偿责任;细化追偿条件设置,合理设置追偿程序;科学界定追偿标准,尽量实现国家和个人利益的平衡;健全追偿监督机制,加大监督力度,以追责促追责;建构追偿的救济机制,保障被追偿者合法权益不受侵犯。

The original intention of establishing the state administrative recoupment system is to punish the state staff with intentional or gross negligence by ordering them to bear part or all of the compensation costs,so as to warn them to exercise their functions and powers in accordance with the law,and to appropriately reduce the state financial burden by making up for the state compensation costs.China’s state administrative recoupment system has just started in legislation.It is only stipulated in principle in the State Compensation Law of the People’s Republic of China.The conditions of state administrative recoupment are too general,the standards are not uniform,and the procedures are not complete,which makes it difficult to implement the state administrative recoupment system.In order to improve the state administrative recoupment system,we should correctly define its value and function;starting from system construction,we should establish a unified state administrative recoupment organization and implement the administrative recoupment responsibility;specify the administrative recoupment conditions and set up a reasonable administrative recoupment procedure;scientifically define the administrative recoupment standards and endeavor to achieve the balance of national and personal interests;improve the supervision mechanism of administrative recoupment and strengthen supervision as well as accountability;construct a relief mechanism for administrative recoupment to ensure that the legitimate rights and interests of the staff concerned are not infringed.