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If it is an administrative compensation.
Article 13: The organ with the obligation to compensate shall, within two months from the date of receipt of the application, make a decision on whether or not to make compensation. 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.
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The time limit for applying for state compensation is two years, and the statute of limitations for the claimant to request state compensation is two years, calculated from the date on which he knew or should have known that the acts of 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, and where the statute of limitations for compensation is suspended within the last six months of the statute of limitations for this statutory reason, the limitation period for the claim for compensation shall continue to run from the date on which the reason for the suspension of the statute of limitations is eliminated.
[Legal basis].Article 39 of the State Compensation Law of the People's Republic of China.
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 conduct of the state mediation organ and its staff 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 request for compensation is submitted at the same time as an application for administrative reconsideration or an administrative lawsuit, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply.
If the claimant is unable to exercise the right to claim due to force majeure or other obstacles within the last six months of the statute of limitations for compensation, the compensation claimant shall be suspended immediately. 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.
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Legal analysis: The time limit for filing a filing for state compensation is two years.
Legal basis: "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 conduct of the state organ and its staff in the exercise of their authority violated their personal rights and property rights, except that the period of detention or other restrictions on personal liberty is not counted. Where a claim for compensation is filed at the same time as an application for administrative reconsideration or an administrative lawsuit is filed, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply.
The subject of state compensation includes the claimant and the organ obligated to pay compensation. Among them, the injured citizens, legal persons and other organizations may be the claimants for compensation, and the organs that infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their powers and cause damage are the organs with the obligation to compensate. >>>More
In China, state compensation is also a self-contained legal system independent of civil compensation, which is very different from civil compensation, which is manifested in the following aspects: 1. The subject of compensation is different. The subject of state compensation is the state, that is, the state is the bearer of the liability for compensation, but the specific compensation obligation is performed by the statutory compensation obligation organ, the subject of civil compensation is the civil subject, and the subject of compensation is the same as the compensation obligor. >>>More
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. >>>More
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. >>>More
This is carried out in accordance with the policy of the state.