What are the legal provisions for compensation, and what are the legal provisions of the State Compe

I jokingly kicked my classmate first, but my classmate kicked my phone directly, and the other party's parents only paid half of the repair money.

The provisions of the State Compensation Law include: Where state organs and state functionaries exercise their functions and powers, and there are circumstances that infringe upon the legitimate rights and interests of citizens, legal persons and other organizations as stipulated in the State Compensation Law, and damage is caused, the victim shall have the right to obtain state compensation in accordance with this law.

[Legal basis].Article 3 of the Law on State Compensation.

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

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.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is as follows.

1.Treatment (medical) expenses: medical invoices.

2.Hospitalization meal subsidy: 100 yuan a day for hospitalization.

3.Transportation expenses, accommodation and food expenses for medical treatment in other places: only available for medical treatment in other places, invoices are required.

4.Assistive devices Fei Youqi: It is written in the appraisal report.

5.Living care expenses: If it is written in the appraisal report that care is needed, it will be given.

6.Disability compensation: 20 months of annual per capita disposable income of urban residents in the previous year, 10% for level 10, 20% for level 9, and so on.

7.Nutrition fee: voucher required.

8.Lost time pay: the lost work period multiplied by the daily wage in the appraisal report.

9.Moral damages: Not necessarily, depending on the level of disability.

10.Appraisal fee: Voucher required.

However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

According to the law, calculated according to the attributes of the person's household registration and the level of local economic development, if you are an urban resident, the compensation can generally reach about 7-90,000 yuan. There is an amount of income involved in the specific income, etc. Safety should be the first priority at work, and the consequences and psychological damage caused by a grade 10 disability cannot be compensated for by any amount of money.

1. Is there a compensation amount for grade 9 disability work-related injuries?

1) Medical expensesMedical expenses include the expenses paid by the parties for the injury or illness, examination fees, surgical fees, medical expenses, hospitalization fees, plastic surgery fees and follow-up expenses.

2) Lost work pay and lost work pay shall be determined according to the lost time and income of the parties.

3) Nursing fees: Nursing fees are determined on the basis of the income status of the nursing staff, the number of nursing personnel, and the duration of nursing care.

4) The transportation expenses are calculated according to the actual expenses incurred by the parties and the necessary escorts for medical treatment or hospital transfer**, as well as the relatives of the deceased (no more than three persons) who participated in the handling of the death accident.

5) Accommodation expenses actually incurred by the parties themselves and their escorts who come to the city from other places to deal with traffic accidents.

6) The in-hospital meal subsidy shall be determined with reference to the standard of business trip meal subsidy for general staff of state organs.

7) Nutrition expenses: Nutrition expenses refer to the expenses incurred by the parties in purchasing nutritional products other than the daily diet in order to assist ** or make the body ** as soon as possible**. The nutrition fee shall be determined according to the degree of disability of the person concerned, with reference to the opinions of the hospital and the voucher of nutrition expenses.

8) Disability compensationDisability compensation is calculated for 20 years from the date of determination of disability according to the level of disability of the person concerned, in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published by the local government. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

9) Fees for Disability Assistive DevicesDisability Fees for disability assistive devices are calculated in accordance with the reasonable cost standards for commonly applicable devices.

What are the relevant provisions of the State Compensation Law Article 32 State compensation shall be mainly in the form of payment of compensation. Where the property can be returned or restored to its original state, the property is to be returned or restored to its original state. Article 33 Where a citizen's personal freedom is violated, the daily compensation shall be calculated in accordance with the average daily wage of the state worker in the previous year.

Article 34 Where a citizen's right to life and health is infringed, the compensation shall be calculated in accordance with the following provisions: (1) Where bodily injury is caused, the person shall pay for medical expenses and nursing expenses, as well as compensation for the loss of income due to lost work. The compensation for each day of the reduced income shall be calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount shall be five times the average annual wage of the employees of the State in the previous year; (2) If the person causes partial or total loss of the ability to work, he shall pay the necessary expenses for medical treatment, nursing expenses, expenses for living aids for the disabled, expenses for the disabled, and expenses necessary for the continuation of the disability, as well as compensation for the disabled.

Disability compensation shall be determined according to the degree of incapacity for work and in accordance with the level of disability prescribed by the state, and shall not exceed 20 times the average annual wage of employees in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses for the person who is unable to work; (3) Where death is caused, death compensation and funeral expenses shall be paid, the total amount of which 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.

The standards for the payment of living expenses provided for in items (2) and (3) of the preceding paragraph are to be implemented with reference to the local minimum subsistence security standards. If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses shall be paid until the time of death. Article 35: In any of the circumstances provided for in Article 3 or Article 17 of this Law, where a ruckus causes mental harm, the victim shall be eliminated within the scope of the impact of the tortious act, the victim's reputation shall be restored, and a formal apology shall be made; where serious consequences are caused, a corresponding solatium for mental harm shall be paid.

Article 36 Where the property rights of citizens, legal persons, or other organizations are infringed upon and damage is caused, it shall be dealt with in accordance with the following provisions: (1) Where fines or fines are imposed, or property is recovered or confiscated, or property is illegally expropriated or requisitioned, the property is returned; (2) Where property is sealed, seized, or frozen, and the sealing, seizure, or freezing of property is lifted, causing damage or loss to property, compensation is to be made in accordance with the provisions of items 3 and 4 of this article; (3) Where the property that should be returned is damaged, it can be restored to its original state, and if it cannot be restored, compensation shall be paid in accordance with the degree of damage; (4) Where the property that should be returned is lost, the corresponding compensation shall be paid; State compensation has a specific practical application, so the most important thing for the parties is that the protection of their own interests has a legal guarantee, so they still need to have a certain degree of understanding of specific issues, so as to better protect their own interests, but in actual life, people should still actively practice.

The contents of the State Compensation Law mainly include: the subject of compensation, the subject of the application for state compensation, the criteria for filing state compensation cases, the objects of state compensation, the methods and procedures for digging up leaks, etc. State compensation refers to the compensation that should be given in accordance with law by state organs and their functionaries for damage to the personal rights or property rights of citizens, legal persons and other organizations due to the exercise of their powers.

[Legal basis].

Article 2 of the National Imperial Compensation Law.

State organs and their functionaries exercise their functions and powers; Where there are circumstances provided for in this Law that infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, and damage is caused, the victim shall have the right to obtain compensation from the State in accordance with this Law.

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) 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.

Our laws stipulate that state compensation includes:

2. Criminal compensation, such as extorting confessions by torture, unjust, false and wrongful cases, etc.;

3. Compensation for state tort damages in civil and administrative litigation.

1. Scope of judicial compensation.

Compensation for judicial damages refers to the damage caused to the lawful rights and interests of citizens, legal persons and other organizations by the judicial organs and their staff in the course of exercising judicial power, and the state shall compensate them. Judicial organs refer to the state adjudication organs, procuratorial organs, criminal investigation and prison management organs. Judicial damages include damages in criminal, civil and administrative proceedings.

2. What is the difference between administrative judicial compensation and criminal judicial compensation?

Judicial compensation is divided into criminal judicial compensation, civil judicial compensation, and administrative judicial compensation. Criminal judicial compensation refers to a legal system in which the state is liable for compensation if the state judicial organs and their staffs who exercise the powers of investigation, prosecution, criminal trial, and prison management illegally commit tortious acts that infringe upon the lawful rights and interests of citizens, legal persons, or other organizations and cause damages. Administrative judicial compensation refers to the liability of the state for compensation caused by the people's courts in the course of hearing civil and administrative cases by illegally taking compulsory measures or preservation measures, or by incorrectly enforcing judgments, rulings and other effective legal documents, and causing damages.

The difference between the two is: first, the subject of the tort of administrative judicial compensation is the court; The tort of criminal justice compensation is carried out by China's judicial organs, including public security organs, procuratorates, courts, prisons and other national judicial organs. Second, the process of infringement itself is different, and the administrative judicial act is caused by the court in the trial of an administrative case.

Criminal justice compensation is caused in the course of investigation, prosecution and trial of a criminal case.

3. Is administrative compensation an administrative punishment?

It doesn't belong. Administrative compensation refers to a system in which the state bears the responsibility for compensation for the infringement of the legitimate rights and interests of citizens, legal persons or other organizations by state administrative organs and their functionaries in the course of exercising their functions and powers and causing damages. The scope of administrative compensation is:

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) 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.

Article 2 of the State Compensation Law of the People's Republic of China.

Where state organs and their functionaries in the exercise of their functions and powers infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the course of this Law, and cause harm, the victims 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.

Provisions on compensation under the State Compensation Law: Article 32 of the State Compensation Law states that the payment of compensation shall be the main form of state compensation. Where the property can be returned or restored to its original state, the property is to be returned or restored to its original state.

Article 33 Where a citizen violates his or her personal liberty in Duanzhou, the daily compensation shall be calculated on the basis of the average daily wage of the state's employees in the previous year. Burn digging.