Authorities obligated to compensate

Article 7 of the State Compensation Law (New Edition) Where an administrative organ and its staff infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their administrative powers, causing damages, the administrative organ shall be the organ 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 authority, the administrative organ that has abolished the organ with the obligation to compensate is the organ with the obligation to compensate.

(a) "Organs with the obligation to compensate" refers to organs exercising state powers for investigation, procuratorate, adjudication, detention centers, and prison management, and their staffs, where in the exercise of their powers, infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, and such organs are the organs with the obligation to compensate; 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 or the second-instance trial is remanded for new trial, the people's court that made the first-instance judgment of guilt is the organ with the obligation to compensate.

Legal Analysis: Where a person who is wrongfully detained without the facts of a crime or who is not proven to be seriously suspected of committing 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 or the second-instance trial is remanded for new trial, the people's court that made the first-instance judgment of guilt is the organ with the obligation to compensate.

Legal basis: Article 22 of the State Compensation Law Where the organ with the obligation to compensate falls under any of the circumstances provided for in Articles 17 and 18 of this Law, it shall give compensation. The claimant for compensation shall first submit it to the organ for compensation obligation.

The provisions of Articles 11 and 12 of this Law apply to the claimant for compensation submitting a request for compensation.

Article 23 of the State Compensation Law The organ with the obligation to compensate shall make a decision on whether or not to compensate within two months from the date of receipt of the application. 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 24 of the State Compensation Law If 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 to the organ at the next higher level for reconsideration within 30 days from the date of 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 apply for reconsideration to the organ at the level above the organ with the obligation to compensate within 30 days from the date on which the organ with the obligation to compensate makes the decision to compensate or not to compensate. Where the organ with the obligation to compensate is a people's court, the claimant may apply to the compensation committee of the people's court at the level above to make a compensation decision in accordance with the provisions of this article.

Article 25 of the State Compensation Law The reconsideration organ shall make a decision within two months from the date of receipt of the application. If the claimant is not satisfied with the reconsideration decision, he or she may, within 30 days from the date of receipt of the reconsideration decision, apply to the compensation committee of the people's court at the same level where the reconsideration organ is located to make a compensation decision; If the reconsideration organ fails to make a decision within the time limit, the claimant may apply to the compensation committee of the people's court at the same level for the location of the reconsideration organ to make a compensation decision within 30 days of the expiration of the time limit.

"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.