行政追偿制度构建之维

行政赔偿中的追偿权对被追偿者来说是一种重大过错行政责任。行政追偿权行使的条件须是行政公务人员的具体行政行为侵犯了相对人的合法权益,并造成损害,行政公务人员违法行为与损害结果有直接因果关系,行政赔偿义务机关已向受害人支付了赔偿费用或履行了赔偿义务,行政公务人员主观上须有故意或重大过失。要完善行政追偿程序,并放宽相应救济渠道。

On the Construction of the Administrative Right of Claim System

The essence of the right of claim in administrative law is the serious fault liability of administrative law.The execution of it must meet four conditions as follow:the public functionaries violate people's rights and do damage to them as they perform the special administrative action,the damage is directly caused by the illegal special administrative action,the damages has been covered by the government which assumes the liability to pay for the damages or the government has performed the obligation,the public functionaries has fault in their mind.To improver the process of the right of claim,we should widen the way of the administrative redress.