Who should bear the burden of injuries caused by an administrative organ that injures an administrat

Hello! 1.When an administrative organ enforces the law (when exercising administrative powers), the administrative counterpart is injured and the administrative counterpart is generally compensated.

2.In case of special circumstances, compensation shall be made by the authorities prescribed by law. For example, as provided for in Articles 7 and 8 of the State Compensation Law, two or more administrative organs, organs authorized by laws and regulations, organizations or individuals entrusted by administrative organs, and the organs with compensation obligations have been revoked, and the reconsideration has been made by the reconsideration organs.

3) Causing physical injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse them;

4) Illegally using ** or police equipment to cause bodily injury or death to citizens;

5) Other illegal acts that cause physical injury or death to citizens.

Where two or more administrative organs infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the joint exercise of administrative powers, causing harm, the administrative organs jointly exercising administrative powers are the organs with a joint obligation to compensate.

Where organizations or individuals entrusted by administrative organs infringe upon the lawful rights and interests of citizens, legal persons, or other organizations in the exercise of the entrusted administrative powers, causing harm, the entrusted administrative organ is the organ with the obligation to compensate.

Where the organ with the obligation to compensate is revoked, the administrative organ that continues to exercise its functions and powers is the organ with the obligation to compensate; Where there is no administrative organ that continues to exercise its authority, the administrative organ that has abolished the organ with the obligation to compensate is the organ with the obligation to compensate.

Article 8: Where the reconsideration organ has reconsidered, the administrative organ that initially caused the infringement is the organ with the obligation to compensate, but where the reconsideration organ's reconsideration decision aggravates the harm, the reconsideration organ is to perform the obligation to compensate for the aggravated part.

Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally imposing administrative punishments, they have the right to submit a demand for compensation in accordance with law. The claimant for compensation shall first submit it to the organ with the obligation to compensate, and may also submit it at the same time as the application for reconsideration or the initiation of an administrative lawsuit. The claimant may claim compensation from any of the organs with the obligation to compensate, and the organ with the obligation to compensate shall make compensation in advance.

The Administrative Punishment Law of the People's Republic of China has been promoted

Article 7. Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs;

Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally imposing administrative punishments, they have the right to submit a demand for compensation in accordance with law.

According to Article 42 of the Administrative Litigation Law of the People's Republic of China, citizens, legal persons or other organizations have the right to initiate administrative litigation in accordance with the law if they believe that the administrative acts of an administrative organ have harmed their lawful rights and interests. Among them, if a citizen, legal person or other organization suffers damage due to the illegal acts of an administrative organ, it may require the administrative organ to bear the corresponding liability for compensation in the administrative lawsuit.

In addition, according to Article 38 of the Administrative Punishment Law of the People's Republic of China, if an administrative organ causes damage to the lawful rights and interests of citizens, legal persons or other organizations in the exercise of its functions and powers in accordance with the law, it shall be liable for compensation in accordance with the law. Therefore, if a citizen, legal person or other organization has been subject to administrative punishment due to the illegal acts of an administrative organ, and has suffered economic losses or other damages as a result, it has the right to demand that the administrative organ bear the corresponding liability for compensation in accordance with the law.

To sum up, if a citizen legal person Sui Jingda or other organizations have been harmed by the illegal acts of the administrative organs, they have the right to file a claim for compensation in accordance with the law.

Citizens, legal persons, or other organizations have the right to request that the administrative organ bear responsibility for compensation in accordance with law when they are harmed by an administrative punishment given by an administrative organ in violation of the law, and may initiate an administrative lawsuit in the people's court.

Citizens, legal persons, or other organizations have the right to submit administrative reconsideration and administrative litigation to the administrative organs in accordance with the law when they are harmed by the administrative organs that have illegally imposed administrative punishments. In these two ways, it is a necessary precondition to file an administrative reconsideration with an administrative organ, but if one is dissatisfied with the administrative reconsideration decision, one can file an administrative lawsuit with the people's court. It is also one of the rights of citizens, legal persons or other organizations to request that the administrative organ bear the liability for compensation.

In accordance with the provisions of the Administrative Litigation Law of the People's Republic of China and its relevant laws and regulations, citizens, legal persons or other organizations have the right to request that the administrative organ bear the liability for compensation in accordance with the law if they suffer damage when the administrative organ illegally imposes an administrative punishment. The content of the request for the administrative organ to bear the liability for compensation includes property and non-property losses. If the administrative organ fails to perform its obligation to compensate, it may apply to the people's court for compulsory enforcement.

What should a citizen, legal person or other organization do if they believe that the administrative penalty imposed by the administrative organ is unlawful? If a citizen, legal person, or other organization believes that the administrative punishment given by the administrative organ is unlawful, it may submit an administrative reconsideration to the administrative organ in accordance with the law, and file an administrative lawsuit with the people's court within the statutory time limit after the administrative reconsideration decision is made.

Citizens, legal persons, or other organizations that have suffered damage in response to an administrative administrative punishment given by an administrative organ in violation of the law may also have the right to request that the administrative organ bear the responsibility for compensation, in addition to filing an administrative reconsideration or administrative lawsuit with the administrative organ. In terms of safeguarding their own legitimate rights and interests, citizens, legal persons or other organizations should understand and actively exercise their rights and safeguard their legitimate rights and interests.

Legal basis]:

Article 33 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations suffer harm in response to an administrative organ's unlawful administrative punishment, they have the right to request that the administrative organ bear liability for compensation in accordance with law, and may initiate an administrative lawsuit in the people's court.

Legal analysis: You may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 20: Administrative punishments are under the jurisdiction of the administrative organs of the local people's governments at or above the county level where the illegal conduct occurred and have the power to carry administrative punishments. Except as otherwise provided by laws and administrative regulations.

Article 21: Where a dispute arises over jurisdiction, it is to be reported to the common administrative organ at the level above for designation of jurisdiction.

Article 22: Where the illegal conduct constitutes a crime of argumentation, the administrative organ must transfer the case to the judicial organs and pursue criminal responsibility in accordance with law.

Article 23: When administrative organs carry out administrative punishments, they shall order the parties to make corrections or correct the illegal conduct within a set period of time.

Article 24: The same illegal conduct of a party must not be given an administrative penalty of two or more fines.

Legal analysis: Where a citizen is given an administrative penalty of up to 50 yuan, a legal person or other organization is fined up to 1,000 yuan, or a police nuisance is given, an administrative punishment decision may be made on the spot.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 51: Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 200 RMB is imposed on a citizen, or up to 3,000 RMB is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. Where the law provides otherwise, follow those provisions.

Article 52: Where law enforcement personnel make an administrative punishment decision on the spot, they shall present their law enforcement identification to the parties, complete an administrative punishment decision document in a predetermined format and number, and deliver it to the parties on the spot. Where the parties refuse to sign for receipt, this shall be noted in the administrative punishment decision.

The administrative punishment decision provided for in the preceding paragraph shall clearly indicate the parties' illegal conduct, the type and basis of the administrative punishment, the number of fines, the amount of the letter, the time and place, the channels and time limits for applying for administrative reconsideration and filing administrative litigation, and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel.

Administrative punishment decisions made by law enforcement personnel on the spot shall be reported to the administrative organ to which they belong for filing.