Question 10 of State Compensation, What are the basic issues of State Compensation?

The subject of state compensation includes the claimant and the organ obligated to pay compensation. Among them, the injured citizens, legal persons and other organizations may be the claimants for compensation, and the organs that infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their powers and cause damage are the organs with the obligation to compensate.

[Legal basis].

Article 6 of the State Compensation Law of the People's Republic of China.

Injured citizens, legal persons and other organizations have the right to claim compensation.

In the event of the death of an injured citizen, his heirs and other dependent relatives have the right to claim compensation.

Where the injured legal person or other organization is terminated, the successor of its rights has the right to demand compensation.

Article 20. The determination of the claimant for compensation shall be in accordance with the provisions of Article 6 of this Law.

Article 21.

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.

Legal basis: "State Compensation Law of the People's Republic of China" Article 4 Where an administrative organ or its staff violates property rights in any of the following circumstances when exercising their administrative powers, the victim has the right to compensation:

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

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.

Legal analysis: If the following conditions are met, the case shall be filed: (1) confirm that the applicant shall have the qualifications of a claimant for state compensation as provided for in Article 18 of the State Compensation Law of the People's Republic of China; (2) There is a specific request for confirmation and the facts and reasons for the harm;

3) The applicant for confirmation shall submit the application for confirmation within two years from the date on which the judicial act occurred or knew or should have known that the judicial act occurred; (4) It is within the jurisdiction of the people's court accepting the application for confirmation.

A judgment, ruling, or decision made by a people's court in any of the following circumstances is confirmed in accordance with law, and the parties may submit an application for state compensation on the basis of the judgment, ruling, or decision:

1) The arrest decision has already been revoked in accordance with law, except in the circumstances provided for in article 15 of the Criminal Procedure Law of the People's Republic of China; (2) The judgment declares not guilty and has already taken legal effect;

3) The persons responsible for the conduct provided for in items (4) and (5) of article 15 of the State Compensation Law have already been pursued in accordance with law; (4) The conduct provided for in Article 16(1) of the State Compensation Law has been carried out, and a revocation decision has been made in accordance with law;

5) Revoking illegal judicial detention, fines, property preservation, enforcement rulings or decisions in accordance with law;

6) Other situations where the illegal conduct is corrected.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases Involving the Confirmation of State Compensation by the People's Courts (Provisional)" Article 3: Where the following conditions are met, a case shall be filed:

1) Confirm that the applicant shall have the qualifications of a claimant for state compensation as provided for in Article 18 of the State Compensation Law of the People's Republic of China;

(2) There is a specific request for confirmation and the facts and reasons for the harm;

3) The applicant for confirmation shall submit the application for confirmation within two years from the date on which the judicial act occurred or knew or should have known that the judicial act occurred;

(4) It is within the jurisdiction of the people's court accepting the application for confirmation.

Article 5: Judgments, rulings, or decisions made by people's courts in any of the following circumstances are confirmed in accordance with law, and parties may submit an application for state compensation on the basis of the judgment, ruling, or decision:

1) The arrest decision has already been revoked in accordance with law, except in the circumstances provided for in article 15 of the Criminal Procedure Law of the People's Republic of China;

(2) The judgment declares not guilty and has already taken legal effect;

3) The persons responsible for the conduct provided for in items (4) and (5) of article 15 of the State Compensation Law have already been pursued in accordance with law;

(4) The conduct provided for in Article 16(1) of the State Compensation Law has been carried out, and a revocation decision has been made in accordance with law;

5) Revoking illegal judicial detention, fines, property preservation, enforcement rulings or decisions in accordance with law;

6) Other situations where the illegal conduct is corrected.

The differences between state compensation and state compensation are: 1. The basis for the occurrence of the two is different; State compensation is caused by the illegal acts of state organs and their functionaries, on the premise of violating the law, and State compensation is caused by the lawful acts of the state, not on the premise of violating the law. 2. The nature of the two is different; The fundamental attribute of the compensation lies in the state's compensation for the losses of specific injured citizens, legal persons or other organizations, and the purpose is to seek remedies for citizens, legal persons or other organizations that have suffered special losses due to the public interest, so as to reflect the balance of interests between them and the general public, and does not mean any criticism of the state.

This is arguably the main difference between the two. 3. Different time requirements; The precondition for the State's liability to compensate for liquids is the actual occurrence of the damage, that is, the damage is first compensated afterward. State compensation, on the other hand, may be made either before or after the damage has occurred.

4. The two have different ways of taking responsibility; The liability of the state is based on the principle of monetary compensation, supplemented by restitution, return of property, etc., and the liability of the state is mostly the payment of a certain amount of money. 5. The responsibilities of the staff are different; There is a system of recovery in the State compensation system. After the State has compensated the victim for the damages, it is necessary to recover compensation from the employees of the State organs who committed the offence, either intentionally or through gross negligence, but there is no system of recovery in the State compensation system.

State compensation is a system in which the state makes up for the losses caused to citizens, legal persons or other organizations by the functionaries of state organs due to their lawful acts in the course of exercising their powers. State liability existed before State liability.

Article 2 of the State Compensation Law: Where state organs and their functionaries infringe upon 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 cause damages, the victims 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.