How to Apply for State Compensation Where to file the application first

It may first be submitted to the organ with the obligation to compensate (the judicial organ that violates the lawful rights and interests of citizens), and if the organ with the obligation to compensate makes a decision not to make compensation, it shall apply to the organ at the level above the organ with the obligation to compensate for reconsideration, or file an administrative lawsuit with the people's court.

Article 7 of the State Compensation Law: Where an administrative organ and its staff infringe upon the lawful rights and interests of citizens, legal persons or other organizations in the exercise of their administrative powers, causing damage, the administrative organ shall be the organ obligated to compensate.

Article 13: The organ with the obligation to compensate shall, within two months from the date of receipt of the application, make a decision on whether or not to make compensation. 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 14: Where the organ with the obligation to compensate fails to make a decision on whether or not to compensate within the prescribed time limit, the person requesting compensation may file a lawsuit with the people's court within three months 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 file a lawsuit with the people's court within three months from the date on which the organ with the obligation to compensate makes the decision to make or not to compensate.

1) [Administrative Compensation].

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 administrative reconsideration or the initiation of an administrative lawsuit.

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.

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 damage, the reconsideration organ is to perform the obligation to compensate for the aggravated part.

2) [Criminal Compensation] A claimant for compensation shall first submit a request for compensation to the organ with the obligation to compensate.

Where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers, prison management organs, and their staffs, infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of their powers, causing harm, that organ is the organ with the obligation to make compensation.

Where a citizen is detained and compensation shall be given to the state in accordance with the provisions of this Law, the organ that made the detention decision is the organ with the obligation to make compensation.

Where, after taking arrest measures against a citizen, a decision is made to withdraw the case, not to prosecute, or a judgment to declare a person not guilty, the organ that made the arrest decision is the organ with the obligation to compensate.

Where the verdict is changed to not guilty at retrial, the people's court that made the original effective judgment is the organ with the obligation to compensate. Where the second-instance judgment is changed to not guilty, and where the second-instance trial remands for retrial and is made not guilty, the people's court that made the first-instance judgment of guilt is the organ with the obligation to compensate.

Now in accordance with the old State Compensation Law, on December 1 this year, the new State Compensation Law will be followed.

Old State Compensation Law.

Legal analysis: A claimant for compensation shall first submit a request for compensation to the organ with the obligation to compensate.

Legal basis: Article 17 of the State Compensation Law: Where the organs exercising investigative, procuratorial and adjudicatory powers, as well as the detention centers, prison management organs and their staffs, violate their personal rights in any of the following circumstances in the exercise of their powers, the victim shall have the right to obtain compensation:

1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the period of detention exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

2) After arresting a citizen, a decision is made to withdraw the case, not to prosecute, or a judgment to declare an acquittal and terminate the pursuit of criminal responsibility;

3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

4) Extorting confessions by torture or causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others;

5) Illegally using ** or police equipment to cause bodily injury to citizens or the death of Pei Feng.

Legal Analysis: First of all, it is proposed to the organ with the obligation to compensate, and the organ with the obligation to compensate is the administrative organ that causes damage to citizens, legal persons or other organizations when it and its staff members exercise their powers, as well as the investigation, procuratorate, trial, and prison management organs. Administrative compensation may also be filed at the same time as an application for administrative reconsideration and an administrative lawsuit.

Legal basis: "State Compensation Law of the People's Republic of China" Article 22 Where the organ with the obligation to compensate has any of the circumstances provided for in Articles 17 and 18 of this Law, it shall give compensation. Compensation claimants who request compensation shall first submit it to the organ with the obligation to compensate.

The provisions of Articles 11 and 12 of this Handheld Law shall apply to the request for compensation submitted by the claimant for compensation.

Legal Analysis: Since China implements the principle that the tortious organ is consistent with the organ with the obligation to compensate, that is, the claimant for compensation should first apply to the tortious authority for compensation. The purpose of applying for compensation first to the organ with the obligation to pay compensation is to simplify the procedure, facilitate the victim's convenience, and facilitate the timely receipt of compensation.

Legal basis: Article 7 of the "State Compensation Law" Where the exercise of administrative powers by the administrative organs and their staff infringes upon the lawful rights and interests of citizens, legal persons and other organizations and causes damages, the administrative organs shall be the organs obligated to compensate.

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 functions and powers, the administrative organ that has the obligation to compensate is to be revoked as the organ with the obligation to compensate.

Summary. Dear, I am glad to help you answer the question of where the claimant for compensation submits administrative compensation to the public security organ, it should first be submitted to the public security organ with the obligation to compensate, and it can also be submitted together with the application for administrative reconsideration.

Dear, I am glad to help you answer the question of compensation If the claimant submits administrative compensation to the public security organ and the fan gate, he should first submit it to the public security organ that has the obligation to compensate, or he can also submit it when applying for administrative reconsideration. Contains base.

Public security organs that have the obligation to compensate rent and blind compensation shall give compensation in accordance with law within 2 months of receiving the application. Where compensation is not paid within the time limit or the claimant has objections to the amount of compensation, the claimant may file a lawsuit with the people's court within 3 months from the date on which the period expires.

Legal basis: Article 23 of the State Compensation Law provides that a claimant for compensation shall first submit a request for compensation to the organ with the obligation to compensate. Article 24: The organ with the obligation to compensate shall make a compensation decision within two months from the date of receipt of the application.

Article 25 If Huizi, 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 claimant for 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.