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我国行政赔偿制度的迅猛发展,要求行政追偿制度的发展速度与之匹配,但由于立法的缺陷和粗疏,导致行政追偿制度的价值远未实现。由于行政追偿主体立法设计的内部性,行政追偿权难以启动,而激活行政追偿制度的第一步恰恰又是行政追偿权的依法行使。应延伸法院的审判职能,在行政赔偿诉讼中植入司法建议书制度;落实检察院的行政检察监督职能,将行政机关怠于行使行政追偿权纳入行政公益诉讼的受案范围。
The rapid development of the system of administrative compensation in our country requires that the speed of the development of the administrative compensation system should be matched. However, the value of the administrative compensation system is far from being realized due to the defects of the legislation. Because of the internal nature of the legislative design of the main body of administrative compensation, administrative recovery power is difficult to start, and the first step in activating the system of administrative recovery is precisely the exercise of administrative recovery power according to law. The trial function of the court should be extended to impose a system of judicial proposals in the administrative compensation proceedings. The administrative procuratorial and supervisory functions of the procuratorate should be implemented and the administrative authority should be exempt from the scope of the administrative public interest litigation.