What are the statutory circumstances that can apply for state compensation?

Updated on society 2024-03-07
6 answers
  1. Anonymous users2024-02-06

    In accordance with the provisions of law, where state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the course of exercising their powers, causing harm, the victim may apply for state compensation. Specific basis: Article 3 of the State Compensation Law Where an administrative organ or its staff infringes on their personal rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation:

    Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal freedom; illegally detaining or otherwise unlawfully depriving citizens of their personal liberty; Causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; Illegal use of ** or police equipment to cause bodily injury or death to citizens; Other illegal acts that cause bodily injury or death to citizens. Article 4: Where administrative organs and their staffs have any of the following violations of property rights in the exercise of administrative powers, the victims have the right to compensation: Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property; illegally employing administrative compulsory measures such as sealing, seizing, or freezing property; illegally expropriating or requisitioning property; Other offences that cause damage to property.

  2. Anonymous users2024-02-05

    When can you apply for state compensation.

  3. Anonymous users2024-02-04

    Legal Analysis: 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 compensation: (1) illegally detaining or illegally employing administrative coercive measures restricting citizens' personal freedom; (2) Unlawful detention or other methods of 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 others.

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

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

    (2) Unlawful detention or other methods of 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 others.

    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.

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

    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.

  4. Anonymous users2024-02-03

    Legal Analysis: Where an administrative organ or its staff violates their personal rights in any of the following circumstances while exercising their administrative powers, the victim has the right to compensation: (1) illegally detaining or illegally employing administrative coercive measures restricting citizens' personal freedom; (2) Unlawful detention or other methods of 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 others.

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

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

    (2) Unlawful detention or other methods of 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 others.

    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.

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

    2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

    3) Illegal expropriation or requisition of property;

    4) Other illegal acts that cause damage to property.

  5. Anonymous users2024-02-02

    According to the provisions of the relevant laws of our country, if the procuratorate raises a protest on the grounds of innocence and finds it clear that he is not guilty after the fact, the victim can apply for state compensation. In addition, if the claimant for compensation or the organ with the obligation to compensate for the former annihilation party finds that the decision made by the compensation committee is truly in error, it may file a complaint with the compensation committee of the people's court at the next higher level. Slag modification.

    [Legal basis].Article 2 of the Law on State Compensation.

    Where state organs and their functionaries in the exercise of their functions and powers infringe upon the lawful rights and interests of citizens, legal persons, and other organizations as provided for in this Law, and cause harm, the victims 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.

  6. Anonymous users2024-02-01

    Legal Analysis: Circumstances of applying for state compensation: 1. Administrative organs and their staff infringe upon the legitimate rights and interests of citizens, legal persons and other organizations in the exercise of administrative powers, causing damage; 2. 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.

    Legal basis: State Compensation Law of the People's Republic of China Article 17: Where organs exercising investigative, procuratorial, and adjudicative powers, as well as detention centers, prison management organs, and their staffs, violate personal rights in any of the following circumstances in the exercise of their powers, the victim has the right to receive compensation:

    Employing detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or employing detention measures against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period 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 terminate the pursuit of criminal responsibility by declaring an acquittal;

    Where, after arresting a citizen, a decision is made to withdraw the case, not to prosecute, or to terminate the pursuit of criminal responsibility by declaring him not guilty;

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

    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;

    Illegal use of ** or police equipment to cause bodily injury or death to citizens;

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