我国行政追偿主体资格的本土化设计

Localization Design of the Subject Qualification of Administrative Recovery in China

行政追偿主体的内部化设计,导致行政追偿制度在启动阶段就面临巨大阻碍。根据行政追偿公法之债的法律属性,对行政主体理论进行修正,将具有公法人资格作为确定行政主体的条件,并结合我国国情,由县级以上各级人民政府作为本辖区的行政追偿主体,在各追偿主体内设立行政追偿委员会,作为专门办理行政追偿案件的内部机构,具体负责行政追偿权的行使,行政追偿委员会下设追偿办公室和专案追偿委员会,分别由一定比例的政府人员和外聘专家学者组成,彻底摆脱由赔偿义务机关行使追偿权所导致的追偿主体与被追偿人之间的利益关联性,为行政追偿制度顺利落实的关键一步。

The internalized design of the administrative recovery subject has led to great obstacles in the start-up stage of the administrative recovery system.According to the legal attribute of public law debt of administrative recovery,the theory of administrative subject is revised,and the qualification of public legal person is taken as the condition for determining the administrative subject.In line with China’s national conditions,the people’s governments at or above the county level are the administrative recovery subject of their own jurisdiction,and the administrative recovery committee is established in each recovery subject.As an internal organization specialized in handling administrative recovery cases,it is specifically responsible for the exercise of the right of administrative recovery.The Administrative Recovery Committee has a Recovery Office and an Ad Hoc Recovery Committee,which are respectively composed of a certain proportion of government personnel and external experts and scholars,so as to completely get rid of the interest relationship between the recovery subject and the recovered person caused by the compensation obligation organ exercising the right of recovery,which is the key first step of the smooth implementation of the administrative recovery system.