Can I appeal if I am not satisfied with state compensation, and can I appeal if I am not satisfied w

Updated on society 2024-05-19
6 answers
  1. Anonymous users2024-02-11

    You can appeal. Article 30 of the State Compensation Law: Where the claimant for compensation or the organ obligated to make compensation finds that the decision made by the compensation commission is truly in error, it may file a complaint with the compensation committee of the people's court at the level above.

    After the compensation decision made by the compensation committee takes effect, if it is discovered that the compensation decision violates the provisions of this Law, upon the decision of the president of that court or the order of the people's court at a higher level, the compensation committee shall re-examine it and make a decision in accordance with law, and the compensation committee of the people's court at the level above may also directly review and make a decision.

    As for the prosecutorial counter-appeal, it is the right of the procuratorate, but it is not expressed as a procuratorial counter-appeal, but "putting forward opinions" should be understood as a procuratorial suggestion.

    Article 30 of the State Compensation Law: Where the Supreme People's Procuratorate discovers that the provisions of this Law are violated by a decision made by the compensation committee of a people's court at any level, or by a higher level people's procuratorate on a decision made by a compensation committee of a lower people's court, it shall submit an opinion to the compensation committee of the people's court at the same level, and the compensation committee of the people's court at the same level shall re-examine it and make a decision in accordance with law within two months.

  2. Anonymous users2024-02-10

    Of course you can, that's your power, and usually there is nothing to do with the state.

  3. Anonymous users2024-02-09

    There may be several rulings that take legal effect. 3. The judgment must be expressed in writing, while the ruling 4. The time limit for appeal and counter-appeal is different. The time limit for appeals and prosecutorial counter-appeals against first-instance criminal judgments is 10 days, and no.

  4. Anonymous users2024-02-08

    Legal Analysis: Appeals against state compensation can be appealed.

    Legal basis: State Compensation Law of the People's Republic of China Article 30 Where the claimant for compensation or the organ with the obligation to compensate 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.

    After the compensation decision made by the compensation committee takes effect, if the compensation decision is found to be in violation of the provisions of this Law, upon the decision of the president of that court or the order of the people's court at a higher level, the compensation committee shall re-examine it and make a decision in accordance with the law, and the compensation committee of the people's court at the next higher level may also directly review and make a decision. Where a decision made by a people's court compensation committee at any level, or a decision made by a people's procuratorate at a higher level on a decision made by a compensation committee of a lower people's court, is found to have violated the provisions of this Law, it shall submit an opinion to the compensation committee of the people's court at the same level, and the compensation committee of the people's court at the same level shall re-examine it and make a decision in accordance with law within two months.

  5. Anonymous users2024-02-07

    You can appeal. If the claimant for compensation or the organ with the obligation to compensate finds that Shenheng is truly in error in the decision made by the compensation committee, it may file a complaint with the compensation committee of the people's court at the level above. The organ with the obligation to compensate shall give compensation within two months from the date of receipt of the application; Where compensation is not paid within the time limit or the claimant has objections to the amount of compensation, the claimant may apply for reconsideration to the organ at the level above within 30 days of the expiration of the period.

    The reconsideration organ shall make a decision within two months of receiving the application. If the claimant is not satisfied with the reconsideration decision, he or she may, within 30 days from the date of receipt of the reconsideration decision, apply to the compensation committee of the people's court at the same level where the reconsideration organ is located to make a compensation decision; If the reconsideration organ fails to make a decision within the time limit, the claimant may apply to the compensation committee of the people's court at the same level at the place where the reconsideration organ is located to make a compensation decision within 30 days from the date of the expiration of the time limit.

    The statute of limitations for a claimant to request compensation from the State is two years, calculated from the date on which the conduct of the State organ and its staff in the exercise of their functions and powers is confirmed to be illegal in accordance with law, but the period of detention is not counted. Where the claimant for compensation is unable to exercise the right to claim compensation due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations is suspended. The period of limitation for claims for compensation shall continue to run from the date of the procession on which the reason for the suspension of the statute of limitations is eliminated.

    1. What is the scope of compensation from the administrative state?

    1. Unlawful detention or unlawful adoption of administrative coercive measures restricting citizens' personal freedom.

    2. Illegally detaining or otherwise unlawfully depriving citizens of their personal liberty;

    State Compensation Law.

    3. Causing bodily injury or death to a citizen by violent acts such as beatings, or instigating others to use violent acts such as beatings;

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

    5. Other illegal acts that cause physical injury or death to citizens;

    6. Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, and confiscation of property.

    7. Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property.

    8. Violating state regulations by expropriating property and apportioning expenses.

    9. Other illegal acts that cause damage to property.

  6. Anonymous users2024-02-06

    Legal Analysis: Appeals against state compensation can be appealed.

    Legal basis: Li Yi.

    State Compensation Law of the People's Republic of China Article 30 Where the claimant for compensation or the organ with the obligation to compensate finds that the decision made by the compensation commission is truly in error, it may file an appeal with the compensation committee of the people's court at the level above.

    After the compensation decision made by the compensation committee takes effect, if it is found that the compensation decision violates the provisions of this or the Disturbance Law, upon the decision of the president of that court or the order of the people's court at a higher level, the compensation committee shall re-examine it and make a decision in accordance with law, and the compensation committee of the people's court at the next higher level may also directly review and make a decision. Where the Supreme People's Procuratorate discovers that the provisions of this Law have been violated by a decision made by the compensation committee of a people's court at any level, or by a higher level people's procuratorate on a decision made by a compensation committee of a lower people's court, it shall submit an opinion to the compensation committee of the people's court at the same level, and the compensation committee of the people's court at the same level shall re-examine it and make a decision in accordance with law within two months.

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