What is the scope of compensation under the National Compensation Law?

This is carried out in accordance with the policy of the state.

The scope of compensation under the State Compensation Act is as follows:

Judging from the provisions of the current "State Compensation Law", there are two main standards for setting the scope of state compensation in China: one is the standard of conduct, that is, which acts of state organs are liable for compensation; The second is the standard of damages, that is, what damages are compensated for illegal acts. According to the criterion of damage, the principle of limited compensation is established in the scope of State compensation.

That is, the state does not compensate the other party for the damage caused to the other party by the illegal exercise of power by the state organs and their staffs, but only compensates for part of the rights and interests and part of the losses. The scope of compensation is relatively narrow, which is manifested in the following ways:

1) Compensation is only given for damage to property rights or part of personal rights, and no compensation is to be made where other rights are infringed.

Generally speaking, personal rights include personality rights and identity rights, and specifically, they mainly include the rights to personal freedom, life and health, reputation, honor, portrait, name, etc. According to the provisions of the State Compensation Law, compensation is only given for violations of the right to personal liberty and life and health, and no compensation is given for the infringement of other personal rights. In addition, the State shall not be liable for compensation for violations of citizens' basic rights, such as political rights, the right to education, the right to equality, and the right to employment.

2) Only direct losses are compensated, and indirect losses are not compensated.

Direct loss refers to the reduction of existing benefits, while indirect loss refers to the loss of available benefits. State compensation is developed from civil compensation, which is not limited to direct loss of material damage and also includes indirect loss, but state compensation is different from civil compensation and does not include indirect loss.

3) Only compensation for property losses and not for moral losses.

As far as citizens are concerned, the infringement of their personal rights and property rights by illegal acts of duty will inevitably cause mental suffering. However, at the beginning of the enactment of the State Compensation Law, due to insufficient legislative and judicial understanding and preparation for the application of compensation for moral damages, the State Compensation Law did not provide for monetary compensation for moral damages, either in terms of "scope of compensation" or "compensation methods and calculation standards".

Article 33 of the State Compensation Law stipulates that if a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the employees of the State in the previous year.

Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Compensation Cases, the previous year as provided for in Articles 33 and 34 of the State Compensation Law refers to the year in which the organ with the obligation to compensate makes a decision on compensation; The reconsideration organ or the people's court's compensation committee changes the original compensation decision, and calculates the compensation for personal liberty in accordance with the average wage standard for state employees in the previous year at the time of the new decision.

Where the average wages of employees in the previous year have not been announced at the time of the compensation decision or reconsideration decision, the average wages of employees in the most recent year that have already been announced shall prevail.

If there is no stupidity causing bodily harm, medical expenses and nursing expenses shall be paid; and compensation for lost income. The compensation for each day of the reduction in earnings is calculated on the basis of the average daily wage of the State employee in the previous year, up to a maximum of five times the average annual wage of the State employee in the previous year.

Legal basis: Article 33 of the State Compensation Law of the People's Republic of China Where a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the employees of the State in the previous year.

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Where a citizen's personal liberty is violated, the daily compensation shall be calculated on the basis of the average daily wage of the State employee in the previous year.

1) If bodily injury is caused, medical expenses shall be paid, as well as compensation for the loss of income due to lost work. The compensation for each day of the reduction in earnings is calculated on the basis of the average daily wage of the State employee in the previous year, up to a maximum of five times the average annual wage of the State employee in the previous year.

2) In the event of partial or total loss of the ability to work, medical expenses and disability compensation shall be paid, and the disability compensation shall be determined according to the degree of incapacity for work, and the maximum amount of partial loss of ability to work shall be 10 times the average annual wage of the employees of the State in the previous year, and 20 times the average annual wage of the employees of the State in the previous year for the total loss of the ability to work. If the total loss of the ability to work is caused, the person who is unable to work shall also pay living expenses to the person who is unable to work;

3) If death is caused, death compensation and funeral expenses shall be paid, and the total amount shall be 20 times the average annual salary of the state employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime.

1) Where fines, fines, recovery or confiscation of property are imposed, or property is expropriated or expenses are apportioned in violation of state regulations, the property shall be returned;

2) Where assets are sealed, seized, or frozen, the sealing, seizure, or freezing of the property shall be lifted;

3) If the property that should be returned is damaged, if it can be restored to its original state, and if it cannot be restored to its original state, the corresponding compensation shall be paid according to the degree of damage;

4) If the property that should be returned is lost, the corresponding compensation shall be paid;

5) If the property has been auctioned, the price obtained from the auction shall be paid;

6) If the permit and license are revoked, and the suspension of production and business is ordered, the necessary recurrent expenses shall be compensated during the period of suspension of production and business;

7) Where other damage is caused to property rights, compensation shall be given in accordance with direct losses.

In addition, where the organ with the obligation to compensate confirms that there is one of the relevant provisions of this Law in accordance with the Quiet Law, and causes harm to the victim's right to reputation or honor, it shall, within the scope of the impact of the infringement, eliminate the impact, restore the victim's reputation, and make a formal apology.

Article 23 The organ with the obligation to compensate shall make a decision on whether or not to make compensation within two months from the date of receipt of the application. When making a compensation decision, the organ with the obligation to compensate shall fully hear the opinions of the claimant for compensation, and may negotiate with the claimant on the method, items, and amount of compensation in accordance with the provisions of Chapter IV of this Law.

Where the organ with the obligation to compensate decides on compensation, it shall draft a written compensation decision and send it to the person requesting compensation within 10 days of making the decision.

Where the organ with the obligation to compensate decides not to make compensation, it shall notify the person requesting compensation in writing within 10 days of making the decision, and explain the reasons for not making compensation.

Article 24: If the organ with the obligation to compensate fails to make a decision on whether or not to make compensation within the prescribed time limit, the person requesting compensation may apply for reconsideration to the organ at the level above the organ with the obligation to compensate within 30 days of the expiration of the time limit.

Where the claimant for compensation has objections to the method, item, or amount of compensation, or if the organ with the obligation to compensate makes a decision not to make compensation, the claimant may apply for reconsideration to the organ at the level above the organ with the obligation to compensate within 30 days from the date on which the organ with the obligation to compensate makes the decision to make compensation or not to compensate.

Where the organ with the obligation to compensate is a people's court, the claimant may apply to the compensation committee of the people's court at the level above to make a compensation decision in accordance with the provisions of this article.

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