What is State Compensation, Administrative Compensation and Judicial Compensation?

Answer: State compensation refers to a legal system in which state organs and their functionaries illegally infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause damage in the course of exercising their powers, and the state bears the liability for compensation. Among them, state organs refer to state administrative organs, adjudication organs, procuratorial organs, and prison management organs.

According to the provisions of the State Compensation Law, State compensation is divided into administrative compensation and judicial compensation. Administrative compensation refers to the legal system in which the state bears the liability for compensation if an administrative organ and its staff infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause damage due to their illegal acts in the course of exercising administrative power. Judicial compensation refers to a legal system in which the state bears the liability for compensation if the judicial organs and their staff members illegally infringe upon the lawful rights and interests of citizens, legal persons or other organizations and cause damage due to their actions in the course of exercising judicial power.

Judicial compensation is further divided into criminal judicial compensation, civil judicial compensation, and administrative judicial compensation. Criminal compensation refers to a legal system in which the state is liable for compensation if the state judicial organs and their functionaries 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. Civil and administrative judicial compensation refers to the liability borne by the state for the damage caused by the people's courts' illegal adoption of compulsory measures or preservation measures in the course of hearing civil or administrative cases, or the erroneous enforcement of judgments, rulings and other effective legal documents.

The difference is that the scope of state compensation is larger than that of administrative compensation, and state compensation includes administrative compensation. State compensation is an activity in which the state bears the responsibility for compensation for the consequences of the damage caused by the infringement of public rights. There are two types of state compensation: administrative compensation and criminal compensation.

Therefore, administrative compensation is only one type of state compensation.

Legal basis: Article 2 of the State Compensation Law: Where a state organ or a staff member of a state organ infringes upon the lawful rights and interests of citizens, legal persons and other organizations as provided for in this Law, and causes damage, the victim 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.

Legal analysis: Administrative compensation refers to the system in which the state bears the liability for compensation if the state administrative organs and their staff infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause damage in the course of exercising their powers. Administrative compensation is an important part of the national compensation system, which was originally established by the 1954 Constitution, and the current Constitution again stipulates that the 1989 Administrative Procedure Law has been developed.

The promulgation of the State Compensation Law in 1994 marked the further improvement of China's administrative compensation system. The establishment and implementation of the administrative compensation system will more effectively protect the legitimate rights and interests of citizens, legal persons, and other organizations in a large and procedural manner, and promote the administration of state organs in accordance with the 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.

Legal Analysis: No, state compensation is not administrative compensation. "State compensation" refers to the compensation that should be given to citizens, legal persons and other organizations due to the personal rights or property losses of state organs and their staffs.

"Administrative compensation" refers to the compensation for which the state shall bear the liability for compensation when administrative organs and their functionaries illegally exercise their administrative powers and infringe upon the lawful rights and interests of citizens, legal persons, and other organizations. Administrative compensation is the main component of state compensation, so administrative compensation is state compensation, but state compensation is not administrative compensation.

Legal basis: "State Compensation Law of the People's Republic of China" Article 3 Where an administrative organ or its staff violates personal rights in any of the following circumstances when exercising administrative powers, the victim has the right to obtain compensation:

1) Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal liberty;

2) Unlawful detention or other unlawful deprivation of a citizen's personal liberty;

3) Causing physical harm or death to citizens by beating or abusing such conduct, or instigating or indulging others to use beating, abuse, or other such acts as a source of dispersion;

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.

Legal analysis: administrative compensation is actually a kind of state compensation, which belongs to the inclusion relationship, but the state compensation is not only administrative compensation, administrative compensation is the refinement of state compensation, and state compensation generally includes administrative compensation and criminal compensation.

Article 2 of the State Compensation Law of the People's Republic of China Where state organs and state functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations as provided for in this Law, and damage is caused, the victim shall have the right to obtain state compensation in accordance with this law.

Administrative compensation refers to the system in which the state bears the liability for compensation for the infringement of the legitimate rights and interests of citizens, Zhengzhong legal persons or other organizations by state administrative organs and their functionaries in the course of exercising their functions and powers and causing damages.

State compensation refers to the compensation that should be given in accordance with the law for damage to the personal rights or property rights of citizens, legal persons and other organizations caused by the exercise of authority by the state organs and their staff. State compensation shall be carried out by the state organ that has violated the land rights of the scaffolding. The State Compensation Law includes administrative compensation and criminal compensation, and the main scope of administrative compensation includes infringement of personal rights and property rights by administrative organs and their staff members in the exercise of administrative powers.

Administrative compensation refers to a kind of compensation liability borne by the state when an entity illegally carries out an administrative act and infringes upon the legitimate rights and interests of the counterpart. State compensation refers to the compensation that should be given in accordance with the law for damage to the personal rights or property rights of citizens, legal persons and other organizations caused by the removal of the power of state organs and their functionaries.

The difference between administrative compensation and state compensation is that administrative compensation belongs to state compensation and belongs to the inclusion relationship, but state compensation is not only administrative compensation, but also the first administrative compensation is a refinement of state compensation. The scope of administrative compensation determines the scope of the victim's right to claim administrative compensation, and the law provides that the scope of administrative compensation means defining the limits of the victim's right to enjoy and exercise the right to claim administrative compensation. Only if the law stipulates that the State shall be liable for the infringement of administrative organs and their functionaries, the victim shall have the corresponding right to claim.

State compensation includes the illegal adoption of administrative coercive measures restricting citizens' personal freedom; illegally depriving citizens of their personal liberty; beating or maltreatment causing personal injury or death to citizens; Illegal use of ** or police equipment to cause bodily injury or death to citizens; Other illegal acts.

State Compensation Law of the People's Republic of China

Article 39.

The statute of limitations for a claimant to request state compensation is two years, calculated from the date on which he knew or should have known that the acts of the state organs and their functionaries in the exercise of their functions and powers violated their personal rights and property rights, except that the period of detention or other restrictions on personal liberty is not counted. Where a person is suspected of filing a claim for compensation at the time of applying for administrative reconsideration or initiating an administrative lawsuit, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations shall apply.

Where the claimant is unable to exercise the right to claim compensation due to force majeure or other obstacles within six months after the most prudent date of the limitation period for the compensation claim, the limitation period is suspended. The limitation period for claims for compensation shall continue to run from the date on which the reasons for the suspension of the statute of limitations are eliminated.