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行政追偿直接涉及到行政权力与公民财产权、公共利益与个人利益的权衡,因而是一项十分重要的法律制度。而我国的国家赔偿法对追偿权涉及甚少,使追偿权的行使在实践中遭遇立法的尴尬。本文从考察行政追偿权的法律性质入手,在剖析了三种传统理论的基础上对追偿权法律属性的理论进行了修正,并构建了行政追偿的正当程序。
Administrative recovery directly involves the trade-off between administrative power and citizens’ property rights, public interests and personal interests, and therefore it is a very important legal system. However, the national compensation law in our country has very few rights to the right of recovery, so that the exercise of the right of recovery encounters the embarrassment of legislation in practice. This article begins with the investigation of the legal nature of administrative recovery right, amends the theory of the legal attribute of the recovery right based on the analysis of the three traditional theories and constructs the due process of administrative recovery.