What is the form of liability for administrative compensation

Monetary compensation is the principle, with the exception of in-kind.

1) Subject elements.

The person who commits an act of administrative infringement must be an administrative organ or administrative law enforcement personnel who infringes upon the lawful rights and interests of citizens, legal persons or other organizations in the course of exercising administrative powers. These include:

1) Administrative organs, organizations authorized by laws and regulations, and their administrative law enforcement personnel;

2) Management bodies and their personnel entrusted by administrative organs to perform administrative duties;

3) Persons who voluntarily assist in administrative matters.

2) Elements of conduct.

1) It must be an act of performing administrative duties. It includes not only the official acts directly performed by the administrative entity itself, but also the acts performed by administrative staff or entrusted organizations.

3) The fact of damage.

The occurrence of damage is the basic condition for the occurrence of administrative liability. Damage includes bodily injury and property damage.

1) It must be damage that has already occurred and actually exists. Administrative compensation cannot be claimed for damage in an uncertain state that may or may not occur in the future.

2) Damage must be direct damage, excluding indirect damage.

4) Causation.

Only when there is a causal relationship between the illegal exercise of administrative powers by the administrative organ and its law enforcer and the fact of damage to the administrative counterpart, can the administrative organ bear the liability for compensation. However, in any of the following circumstances, the administrative organ shall not be liable for compensation:

1) Personal acts of staff members of administrative organs unrelated to the exercise of administrative powers;

2) The damage occurs due to the actions of citizens, legal persons or other organizations.

The meaning and scope of administrative compensation.

1) Illegally detaining or illegally employing administrative measures restricting citizens' personal freedom;

2) Illegally detaining or otherwise unlawfully depriving citizens of their personal liberty;

3) Assault or other violent acts that cause bodily harm to citizens;

4) Illegal use of ** or police equipment to cause physical harm to citizens;

5) Illegal fines, revocation of permits and licenses, orders to suspend production, suspension of business, or confiscation of property;

6) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

7) Illegally expropriating property or apportioning expenses;

8) Other illegal acts that cause damage to citizens' physical injuries or infringement of property rights.

1) Administrative compensation is essentially a kind of state compensation. The administrative function belongs to the State, and the executive power also belongs to the State. The official activities carried out by administrative entities and their staff members in the exercise of their functions and powers are carried out on behalf of the state and are fundamentally state activities.

Administrative compensation is therefore a type of state compensation.

3) The obligation of administrative compensation can only be infringing administrative organs. It refers to the administrative organ that took the administrative act and the administrative organ where the personnel of the administrative organ carrying out the infringing administrative act belong.

4) The scope of administrative compensation shall be limited to the tort damage caused by the specific administrative act. According to the laws and regulations of our country, abstract administrative acts other than specific administrative acts, as well as state acts such as national defense and foreign affairs, are not within the scope of the state's liability for administrative compensation.

1. How to understand administrative compensation.

Administrative compensation has the following characteristics:

1) The administrative compensation must be caused by the illegal acts of the administrative agency and its civil servants;

2) The illegal acts of administrative organs and their civil servants must be official acts in the exercise of their powers;

3) the damage must have occurred;

4) The liability for compensation shall be borne by the state.

II. Personnel in administrative organs engaged in the legal review of administrative punishment decisions.

Administrative adjudication refers to a specific administrative act in which an administrative organ or a legally authorized organization is authorized by law to review and make a ruling on a specific civil dispute (dispute) that occurs between equal subjects and is closely related to administrative management activities. Administrative reconsideration: refers to an administrative act in which a citizen, legal person or other organization is dissatisfied with a specific administrative act made by an administrative entity, believes that the specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application for reconsideration to the statutory administrative reconsideration organ in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act in accordance with the law, and makes an administrative reconsideration decision.

It is a method for citizens, legal persons or other organizations to resolve administrative disputes through administrative remedies. Administrative litigation is an activity in which a court resolves administrative disputes within a specific scope by reviewing the legality of administrative acts at the request of citizens, legal persons or other organizations. Administrative litigation, civil litigation, and criminal litigation are the three major forms of litigation in China.

Article 2 of the State Compensation Law of the People's Republic of China Article 2 Where a state organ or its functionary violates the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their functions and powers as provided for in this Law, and causes damage, the victim shall have the right to obtain state compensation in accordance with this Law. The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law.

There are three principles of attribution of administrative liability:

1. The principle of fault liability. It is also to compensate the subject of compensation if it is at fault; If there is no fault, there will be no compensation.

2. The principle of no-fault liability. Regardless of whether the administrative organ is subjectively at fault in its actions, as long as it causes damage to citizens as a result, it must bear the responsibility of compensating for the removal of limbs.

3. The principle of liability for violations. That is, regardless of whether the administrative organ is at fault in making the act of authority, as long as its act does not comply with the provisions of the law and causes losses to the counterpart, it should be liable for compensation.

The principle of imputation applied in China is the principle of liability for violations.

1. What are the principles of compensation for personal injury?

The principle of compensation for personal injuries is generally the principle of attribution of fault, and in special cases, the principle of attribution of no fault or presumption of fault. When applying the principle of fault liability, fault should be used as the basis for the perpetrator to bear the liability for personal injury. The burden of proof of fault liability is borne by the plaintiff, that is, the principle that whoever asserts the burden of proof shall be implemented.

2. Division of responsibility for injuries caused by motor vehicles hitting electric vehicles.

The principle of attribution of road traffic accidents in China adopts the principle of diversified attribution, and different attribution principles are adopted according to the different subjects of the traffic accident, that is, if a traffic accident occurs between motor vehicles, the principle of fault liability is applied, and fault is used as the value judgment standard; In the event of a traffic accident between a motor vehicle, a non-motor vehicle, or a pedestrian, the principle of no-fault liability shall apply. Regardless of whether the driver of a motor vehicle is at fault or not, as long as he causes damage to non-motor vehicles and pedestrians, the law stipulates that he shall be liable for compensation.

If the non-motor vehicle driver or pedestrian is at fault, the liability of the motor vehicle party is appropriately reduced, that is, the fault is offset, but in the distribution of the burden of proof, the motor vehicle party shall provide evidence to prove that the non-motor vehicle driver and pedestrian are at fault. Even if the motor vehicle party is not at fault, it shall bear no more than 10% of the liability. Only when a non-motor vehicle driver or pedestrian intentionally collides with a motor vehicle and causes a traffic accident occurs, the motor vehicle party is exempted from civil liability.

1) Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal freedom;

2) Unlawful detention or other unlawful deprivation of a citizen's personal liberty;

3) Assaulting or abusing others, or instigating or indulging others to assault or abuse, or (4) causing bodily injury or death to citizens;

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

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