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Anonymous users2024-02-07Hello, criminal compensation is only one type of judicial compensation.
Where state organs and their functionaries illegally exercise their powers and infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, the victims have the right to obtain state compensation in accordance with this law. In the course of civil litigation or administrative litigation, a people's court illegally adopts compulsory measures or preservation measures that obstruct litigation, or erroneously enforces judgments, rulings, or other effective legal documents, causing damages, and the procedures for compensation claimants to claim compensation shall be governed by the provisions of the criminal compensation procedures. Judicial compensation is caused by the illegal exercise of the power of a state judicial organ by a functionary of a state judicial organ who infringes upon the legitimate rights and interests of citizens, legal persons, and other organizations, and the victim has the right to obtain state compensation in accordance with this law.
Criminal compensation is included.
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Anonymous users2024-02-06Yes, criminal compensation is only one type of judicial compensation. Where state organs and their functionaries illegally exercise their powers and infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, the victims have the right to obtain state compensation in accordance with this law. In the course of civil litigation or administrative litigation, a people's court illegally adopts compulsory measures or preservation measures that obstruct litigation, or erroneously enforces judgments, rulings, or other effective legal documents, causing damages, and the procedures for compensation claimants to claim compensation shall be governed by the provisions of the criminal compensation procedures.
Judicial compensation is caused by the illegal exercise of the power of a state judicial organ by a functionary of a state judicial organ who infringes upon the legitimate rights and interests of citizens, legal persons, and other organizations, and the victim has the right to obtain state compensation in accordance with this law. Criminal compensation is included.
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Anonymous users2024-02-05I believe that many people do not know much about the two concepts of state compensation and state compensation, and even think that these two words mean the same thing. This is not the case. So what exactly is state compensation, and what is state compensation?
1. What is state compensation?
State compensation refers to the compensation that should be given in accordance with law by state organs and their functionaries for damage to the personal rights or property rights of citizens, legal persons and other organizations due to the exercise of their powers. State compensation shall be performed by the infringing state organs. According to the State Compensation Law of the People's Republic of China, which came into force on 1 January 1995, State compensation generally includes administrative, criminal and judicial compensation.
2. What is the state to make up the difference?
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.
3. The difference between State compensation and State compensation.
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, and is premised on the violation of the law; State compensation is caused by a lawful act of the State and is not premised on a violation of the law.
2. The nature of the two is different. The fundamental attribute of state compensation lies in the fact that the state compensates for the losses of citizens, legal persons or other organizations that have suffered specific injuries, and aims 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. The time requirements are different. The precondition for State liability is the actual occurrence of the damage, i.e., the first damage, followed by compensation; 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.; The liability of the State for compensation 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 loss, it is necessary to recover compensation from the staff of the State organ who committed the illegal act with the intention of the family or gross negligence, but there is no recovery system in the State compensation system.
I believe that everyone should know something about the collation, right? Of course, if it really involves relevant legal issues, it is recommended that you consult a relevant lawyer, after all, lawyers are professionals, and the solutions provided are professional and in line with the specific situation.
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Anonymous users2024-02-04Should the presence of the pillars be drawn on the title deed map?
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Anonymous users2024-02-03No, it should be administrative compensation, judicial compensation, etc.
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