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行政追偿制度在我国一直处于“整体失灵”的状态,其根本原因就在于我国立法上没有一套健全的追偿程序设计。追偿程序的完善一方面可以有效地防止赔偿义务机关追偿权的滥用,另一方面可以使被追偿人的实体权利得到公正公平的对待。行政追偿决定程序是行政追偿程序的起端,其包括立案、调查核实证据、告知与申辩、行政追偿决定的作出以及送达等具体内容。深入探析行政追偿决定过程中所应遵循的各种程序性问题,有助于我国行政追偿制度的具体落实。
The system of administrative recovery has been in a state of “total failure” in our country. The fundamental reason is that our country’s legislation does not have a sound design of recovery procedures. On the one hand, the improvement of the recovery procedure can effectively prevent abuse of the right of recovery of the obligatory obligor, and on the other hand, it can make the substantive rights of the repatriated person be treated fairly and fairly. Administrative recovery decision-making process is the starting point for the administrative recovery procedures, which include filing, investigation and verification evidence, notice and defense, the making and delivery of administrative recovery decisions and other specific content. In-depth analysis of the various procedural issues that should be followed in the process of administrative recovery decision will help to concretely implement the administrative recovery system in our country.