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国家追偿制度是国家赔偿法的重要组成部分,其责任性质是一种独立责任。国家追偿制度的良好运行可以起到监督公务人员依法行政,维护法律权威的作用。目前该制度在实践中问题突出,仍待完善。根据国家追偿的性质与运行原理,制度运行过程中存在的责任衔接、追偿金额以及追偿时效等问题仍需从立法角度加以改进。
The system of state recovery is an important part of the law of national compensation. Its responsibility is an independent responsibility. The good operation of the state recovery system can play a role of supervising civil servants in administering the state according to law and in safeguarding the authority of law. At present, the system has outstanding problems in practice and remains to be improved. According to the nature and operating principle of the state recovery, the issues such as the convergence of responsibility, the amount of recovery and the limitation of recovery during the operation of the system still need to be improved from a legislative perspective.