How to compensate for damage caused by official use

If, in the course of performing official duties, law enforcement personnel infringe upon the lawful rights and interests of citizens, legal persons, or other organizations, causing harm, the administrative organ is the organ obligated to compensate. At the same time, it is stipulated that if the personal acts of the staff of administrative organs unrelated to the exercise of their powers cause losses to citizens' property, the law enforcement personnel shall personally compensate for the loss of citizens' property.

Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.

The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

Legal basis. State Compensation Law of the People's Republic of China Article 4: Where administrative organs and their staffs infringe on property rights in any of the following circumstances when exercising their administrative powers, the victims have the right to obtain compensation: (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.

Article 5: The State shall not be liable for compensation in any of the following circumstances: (1) the personal conduct of the staff of an administrative organ that is not related to the exercise of authority; (2) Harm occurs as a result of the conduct of citizens, legal persons, or other organizations; (3) Other circumstances provided for by law.

According to the law, if the people's police infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the course of performing their official duties, causing harm, the administrative organ is the organ obligated to make compensation. At the same time, it is stipulated that if the personal acts of the staff of the administrative organs unrelated to the exercise of their powers cause damage to citizens' property, the police shall personally compensate for the loss of citizens' property. Legal basis.

Article 4 of the State Compensation Law: Where an administrative organ or its staff infringes on property rights in any of the following circumstances in the exercise of their administrative powers, the victim has the right to obtain compensation: (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. Article 5 The State shall not be liable for compensation under any of the following circumstances:

1) Personal conduct of staff of administrative organs unrelated to the exercise of authority; (2) Harm occurs as a result of the conduct of citizens, legal persons, or other organizations; (3) Other circumstances provided for by law. 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.

1. How to compensate for damage to public property.

1. If the damage to public property is intentionally damaged to public property, the compensation shall be paid according to the market within 3,000 yuan, and some compensation shall be paid if it is slightly more serious. Intentional destruction of public or private property is a crime only if the amount is relatively large or the circumstances are serious.

2. Legal basis: Article 275 of the Criminal Law of the People's Republic of China.

Intentional destruction of property] Intentional destruction of public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

2. What are the constitutive elements of the crime of intentional destruction of property?

The constituent elements of the crime of intentional destruction of property are as follows:

1. The subjective element, which is manifested as intentional in the subjective aspect;

2. The main body is the main body, and the main body is the general subject;

3. Objective elements, which are objectively manifested as acts that destroy or damage public or private property in a relatively large amount or have other serious circumstances;

4. Object element: The object of infringement is the ownership of public or private property. The crime of intentional destruction of property is the act of intentionally destroying or damaging public or private property, where the amount is relatively large or there are other serious circumstances.

3. What are the criteria for filing a case for the crime of intentional destruction of property?

1. Causing a loss of 5,000 yuan or more to public or private property;

2. Destroying public or private property three or more times;

3. Assembling three people to openly destroy public or private property;

4. Other situations where the circumstances are serious.

Legal analysis: Generally, compensation is based on the price, and additional compensation can be requested depending on the circumstances. In addition to bearing the civil liability for compensation, intentionally destroying other people's property is an illegal act.

The law is based on:

Public Security Administration Punishment Law of the People's Republic of China》 Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be fined up to 1,000 RMB.

Legal analysis: If the property of others is infringed, the property loss shall be calculated according to the market or other methods at the time of the loss.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China: Where the property of others is infringed, the property loss shall be calculated according to the market or other reasonable methods at the time of the loss.