How many days does it take for the state compensation to be paid from the date of application?

Updated on society 2024-05-01
3 answers
  1. Anonymous users2024-02-08

    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.

  2. Anonymous users2024-02-07

    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.

  3. Anonymous users2024-02-06

    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.

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