What is the organ with the obligation to compensate, and the organ with the obligation to compensate

"Organs with the obligation to compensate" refers to organs exercising state investigative, procuratorial, adjudicatorial, detention center, and prison management powers, and their staffs, which infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of their powers, causing harm.

Where a person who is wrongfully detained without the facts of a crime or who is not proven to be a major suspect of a crime, the organ that made the detention decision is the organ with the obligation to compensate; Where a person who has no facts of a crime is wrongfully arrested, 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.

1.Since the subject of state compensation is the state, and the state is an abstract political entity, it is impossible for the victim to directly request the abstract state to assume a specific obligation of compensation, which requires an obligation subject to perform the compensation obligation on behalf of the state, and this obligation subject is the compensation obligation organ. So.

2.1. Where an administrative organ or its staff infringes upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of administrative powers, causing damage, the administrative organ shall be the organ with the obligation to compensate. .

3.Organs with the obligation to make criminal compensation: 1. Organs exercising investigative, procuratorial, and adjudicative powers, as well as detention centers, prison management organs, and their staffs.

Legal Analysis: The organ with the obligation to compensate refers to the organ with the obligation to compensate if the administrative organ and its staff infringe upon the legitimate rights and interests of citizens, legal persons or other organizations in the exercise of their powers, and it is necessary to compensate the victim.

Legal basis: State Compensation Law of the People's Republic of China

Article 7: Where administrative organs and their staffs infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of their administrative powers, causing harm, the administrative organ is the organ with the obligation 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 authorized by laws or regulations infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of the administrative powers delegated to them, causing harm, the authorized organization is the organ with the 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.

Article 8: 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 harm, the reconsideration organ is to perform the obligation to compensate for the aggravated part.

"Organs with the obligation to compensate" refers to organs exercising state investigative, procuratorial, adjudicatorial, detention center, and prison management powers, and their staffs, which infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the exercise of their powers, causing harm.

Article 9 of the Regulations on the Establishment and Establishment of Local People's Organs at All Levels Article 9 of the Regulations on the Establishment and Establishment of Local People's Organs at All Levels shall be established, revoked, merged or changed in specifications and names by the people's organs at the same level, and shall be submitted to the people's authorities at the next higher level for approval after being reviewed by the people's institutions at the next higher level; Among them, the establishment, revocation or merger of local people's administrative bodies at or above the county level shall also be reported to the Standing Committee of the people's congress at the corresponding level for the record in accordance with law.

Article 10: Where the duties of local people's administrative bodies at all levels are the same or similar, in principle, they shall be undertaken by one administrative body. Where there are objections between administrative bodies on the division of duties, they shall take the initiative to resolve them through consultation. where consensus is reached, it shall be reported to the people's ** establishment and management organ at the same level for the record; Where there is disagreement through consultation, it shall be submitted to the people's ** establishment management organ at the same level to submit a coordination opinion, and the establishment management organ shall report to the people's ** at the same level for a decision.

Article 11: The establishment of deliberative and coordinating bodies by local people at all levels shall be strictly controlled; Where functions can be assigned to an existing body, or where the problem can be resolved through coordination by an existing body, a separate deliberative and coordinating body is not to be established. Deliberative and coordinating bodies established for the purpose of handling a specific task within a certain period of time shall clearly stipulate the conditions and time limits for their revocation.

Article 12 The deliberative and coordinating bodies of the local people at or above the county level shall not set up separate offices, and the specific work shall be undertaken by the relevant administrative organs.

Article 13 Local people's administrative organs at all levels shall, in accordance with the needs of their work and the principle of being lean, establish necessary internal organs. The establishment, revocation, merger or change of specifications and names of the internal organs of local people's administrative organs at or above the county level shall be submitted by the administrative body to the establishment and management organ of the people's administrative organs at the same level for examination and approval.