出于实现公平正义的价值理念和促进公务员依法行使职权、履行职责的考虑,现代国家普遍建立了行政追偿制度。机关先行履行赔偿义务以及公务员存在明显的主观过错是对公务员行使追偿权的前提条件。根据我国《公务员法》的有关规定,可以认为,执行上级命令不能成为免除公务员责任的绝对理由。在因公务员执行上级命令导致的行政赔偿案件中,仍应根据公务员的过错状况决定是否对其行使追偿权,而不应一概免除公务员的赔偿责任。 For the realization of the values ​​of fairness and justice and the promotion of civil servants to exercise their functions and powers in accordance with the law and to fulfill their duties, modern systems of administrative recovery have been generally established in modern countries. It is a precondition for the civil servants to exercise the right of recovery when the agency first performs the obligation of compensation and the obvious subjective fault exists in civil servants. According to the relevant provisions of the “Civil Servant Law” in our country, it can be considered that executing an order at a higher level can not be the absolute ground for relieving civil servants from responsibilities. Civil servants in the implementation of higher orders due to administrative compensation cases, the civil service should still be based on the fault of the state decide whether to exercise the right to recover, but should not be exempt from civil servants liability.