What are the requirements to apply for state compensation?

In accordance with the provisions of law, where state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the course of exercising their powers, causing harm, the victim may apply for state compensation.

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

illegally detaining or otherwise unlawfully depriving citizens of their personal liberty;

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

Illegal use of ** or police equipment to cause bodily injury or death to citizens;

Other illegal acts that cause bodily injury or death to citizens.

illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

illegally expropriating or requisitioning property;

Other offences that cause damage to property.

When can you apply for state compensation.

In accordance with the provisions of the law, where in the course of exercising their functions and powers, state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, causing hardship and causing harm, the victim may apply for state compensation. What are the requirements for applying for state compensation? 1. Unlawful detention or unlawful adoption of administrative coercive measures restricting citizens' personal freedom; 2. Illegally detaining or otherwise unlawfully depriving citizens of their 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. Illegal use of ** or police equipment to cause physical injury or death to dust-lifting citizens.

According to Article 3 of the State Compensation Law, the victim shall have the right to compensation if an administrative organ or its staff infringes upon personal rights in any of the following circumstances when exercising their administrative powers: illegally detaining or illegally taking administrative coercive measures restricting citizens' personal freedom; illegally detaining or otherwise unlawfully depriving citizens of their personal liberty; Causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; Illegal use of ** or police equipment to cause bodily injury or death to citizens; Other illegal acts that cause bodily injury or death to citizens. Article 4: Where administrative organs and their staffs infringe on property rights in any of the following circumstances when exercising their administrative powers, the victims have the right to compensation:

illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property; illegally employing administrative compulsory measures such as sealing, seizing, or freezing property; illegally expropriating or requisitioning property; Other offences that cause damage to property. That's what your lawyer has to say. Do you understand?

The following conditions are required to apply for national sedan sail compensation:

1. The claimant for compensation shall be a citizen, legal person, or other organization whose legitimate rights and interests have been harmed.

2 There is a factual basis for a specific claim for compensation and damage.

3. Infringement matters and confirmation in accordance with the law.

4. The procedure for the first handling of the compensation obligation by the organ of the obligation to compensate or the reconsideration has been eliminated.

5. It is within the scope of state compensation prescribed by law and the jurisdiction of the people's court that accepts it.

6. Comply with the time limit prescribed by law.

Workers' Compensation Process:

1. The unit shall report the work-related injury to the Labor Bureau within 30 days after the accident, apply for labor ability appraisal after having a work-related injury certificate, and then compensate by the work-related injury insurance institution.

2. If the employer fails to declare within 30 days: the injured employee shall apply to the local labor bureau for work-related injury recognition within one year after the accident hail talk, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal results are obtained.

3. If the employer fails to pay work-related injury insurance for the employee: the employer shall compensate according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury identification and labor ability appraisal shall be the same as above.

4. Regarding the application for work-related injury recognition and claim for work-related injury compensation: if the negotiation fails, labor arbitration can be initiated.

Extended Materials. The compensation items for workers' compensation claims are as follows:

1. Compensation for general injury caused (disability not reached).

Medical expenses, food allowance during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses.

2. Compensation for disability.

Medical expenses, food allowance during hospitalization, nursing expenses, wages during work-related injuries, transportation, food, accommodation, assistive devices, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment allowance.

3. Compensation for death.

Funeral grants, one-time ** grants, pensions for dependent relatives.

4. The whereabouts of the employee are unknown.

The compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, his immediate family members can receive the following compensation items: pension for dependent relatives and 50% of the one-time work-related death allowance (if there is difficulty in living);

If an employee is declared dead, his immediate family members can receive the following compensation items: funeral expenses, pensions for dependent relatives, and one-time work-related death subsidies.

In accordance with the provisions of law, where state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the course of exercising their powers, causing harm, the victim may apply for state compensation.

1. What falls within the scope of state compensation.

The scope that does not fall under the scope of state compensation is:

1. Personal acts of staff members of administrative organs that are not related to the exercise of their powers;

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

3. Damage is caused by the applicant's erroneous act in applying for preservation;

4. Damage is caused by errors in the subject matter of enforcement provided by the applicant;

5. Other circumstances stipulated by law.

2. What are the procedures for filing a case for state compensation?

1) First, the claimant for state compensation is the injured citizen, legal person or other organization. In the event of the death of an injured citizen, his heirs and other dependent relatives have the right to claim compensation. (2) A claim for compensation shall first be submitted to the organ with the obligation to compensate, which shall be the administrative organ that has caused damage to citizens, legal persons or other organizations and the investigation, procuratorate, trial and prison management organs in the exercise of their functions and powers.

Administrative compensation may also be filed at the same time as the application for administrative reconsideration and the filing of an administrative lawsuit. (3) An application shall be submitted for compensation. The applicant's written request shall clearly state the victim's name, gender, age, work unit and address, the name and address of the legal person or other organization, the name of the legal representative or principal responsible person, the request, the factual basis, and the year, month, and date of the request.

3. National compensation standards.

The standard of state compensation refers to the standard of the amount of compensation that a state organ or its functionary infringes upon the lawful rights of citizens, legal persons and other persons when exercising their powers, causing them certain damages, and the victim has the right to request compensation from the people's court. State compensation also includes moral damages, and if the injured citizen dies, his close relatives and dependents have the right to apply for compensation. The national compensation standard includes criminal compensation and administrative compensation, which is mainly in the form of payment of compensation.

The standard of state compensation is usually carried out in accordance with the relevant regulations, usually in a certain proportion, and the compensation is in accordance with the principle of "consolation first, compensation secondary".

State Compensation Law of the People's Republic of China

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.

1) Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

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

3) Illegally expropriating or requisitioning property;

4) Other illegal acts that cause damage to property.

Procedure for applying to the court for state compensation:

1. The parties shall apply in writing to the compensation authority for compensation for the vacancy of the state compensation stool;

2. After receiving the application, the organ with the obligation to compensate shall make a compensation decision in accordance with the law;

3. The parties shall apply to the organ with the obligation to pay compensation on the basis of the effective judgment, reconsideration decision, compensation decision or mediation document.

[Legal basis].

Article 12 of the State Compensation Law.

An application shall be submitted to demand compensation, and the application shall indicate the following matters:

1) The victim's surname, gender, age, work unit and residence, the name and address of the legal person or other organization, and the name and position of the legal representative or principle responsible person;

2) the specific requirements, factual basis and justification;

3) The year, month, and day of application. Where the claimant for compensation has real difficulty in writing the application, he or she may entrust another person to write on his behalf; It may also be applied orally, and the organ with the obligation to compensate will record it in the record.

Where the person seeking compensation is not the victim himself, the relationship with the victim shall be explained and corresponding proof shall be provided. Where the claimant for compensation submits the application in person, the organ with the obligation to compensate shall issue a written certificate on the spot affixed with the special seal of the administrative organ and indicating the date of receipt. Where the application materials are incomplete, the organ with the obligation to compensate shall inform the claimant of all the contents that need to be supplemented and corrected on the spot or at one time within 5 days.