How to calculate compensation for unjust cases of administrative units

Compensation is based on the local standard of living and average per capita income.

According to the state compensation in the administrative law, Article 26 of China's "State Compensation Law" stipulates: "If a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the state employee in the previous year." According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the State Compensation Law of the People's Republic of China, the term "previous year" as provided herein shall refer to the organ with the obligation to compensate, the organ for reconsideration, or the compensation committee of the people's court to uphold the original compensation decision, which shall be implemented in accordance with the previous year when the original compensation decision was issued.

According to the above, you can calculate it according to the average daily wage of employees in the previous year, and then 12 years, 365 days a year, and so on.

About 500,000, you are the one who watched the wrong judgment in Henan.

"State compensation" refers to the compensation that state organs and their functionaries should give in accordance with law if they cause damage to the personal rights or property rights of citizens, legal persons, and other organizations as a result of exercising their powers. The cost of state compensation shall be included in the budgets of all levels of finance, and the financial departments at all levels shall bear the costs in accordance with the financial management system. According to the State Compensation Law, if an administrative organ or its staff illegally detains or illegally takes administrative coercive measures restricting a citizen's personal freedom in the exercise of their administrative powers, the victim has the right to compensation.

Where there are no facts of a crime or there are no facts proving that a person is seriously suspected of committing a crime is wrongfully detained, the organ that made the detention decision is the organ with the obligation to make compensation. If an unjust, false or wrongly decided case infringes upon a citizen's personal freedom, the standard of compensation is that the daily compensation shall be calculated according to the average daily wage of the employees of the state in the previous year. Where citizens' right to life and health is violated, causing bodily harm, medical expenses and nursing expenses shall be paid, as well as compensation for the loss of income due to lost work.

In the case of death, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times the average annual salary of the State employee in the previous year. Legal basis: Article 3 of the State Compensation Law of the People's Republic of China Where an administrative organ or its staff violates their personal rights in any of the following circumstances when exercising their administrative powers, the victim has the right to obtain compensation:

1) Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal freedom; (2) Unlawful detention or other methods of unlawful deprivation of a citizen's personal liberty; (3) Causing physical injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; (4) Illegally using ** or police equipment to cause bodily injury or death to citizens; (5) Other illegal acts that cause physical injury or death to citizens.

State compensation is calculated on the basis of the length of detention multiplied by the national per capita income of the previous year.

Calculated based on the average salary of the previous year.

Mental damage fee and see how many days you do in jail before it is easy to say.

Where to go to ask for state compensation?

You can apply to the procuratorate for state compensation, and there is a set of standards for how to compensate.

You can ask a lawyer. Relatively professional.

Money can't buy everything, you just need to summon snow.

There are a lot of cases like this. I've been in the middle of a lawsuit lately, so I've watched a lot. It should be in this regard, if you have been wronged.

If this person is still in office, he should be given an administrative demerit or dismissed, and the state will pay you money. But this amount will not be very large. It seems that the longest is that a person was wrongfully murdered, and only paid him tens of thousands of yuan.

It seems that it should not exceed 100,000 or 200,000, you have to figure out this concept, and you have been sentenced, and no one said that it will compensate you, let the person who handled the wrong case for you go to prison, it seems that there is a dereliction of duty, I am not very clear about this regulation, but the person who wronged you, he should be punished, I think you should read more law books!

Should be prosecuted for homicide, what is fairness and justice? A single sentence of negligence can be solved? Is losing money in exchange for the unjust dead and bringing the dead back to life?

Ask the lawyer to go, the inquiry is free, the top 10 outstanding law firms in Beijing.

Compensation for victims shall be made in accordance with the relevant provisions of the State Compensation Act.

Like Zhao Zuohai, I am the same as Zhao Zuohai, and the judicial department and relevant policy documents represent laws and regulations, have responsibilities, and must correct the law. So Zhao Zuohai, you are much luckier than me, you rehabilitated, said that Zhao Zuohai killed someone, but that person came back alive (wronged) I was wronged than him, because my father was wronged, false and wrongly convicted, and was beaten into a historical counter-revolution in policy and political reform, and I was sent to the countryside with my father for labor reform. After the rehabilitation, the city changed the hukou on the spot and changed it to (educated youth).

This change in policy and politics has made me have nothing in my land and no money, and this change in political policy has caused me to have nothing, and I have not made any mistakes in my life. It is the change in policy and politics that causes unjust, false and wrongful cases (unjust, wrong, wrong). According to the relevant policy documents, the work is waiting for assignment and arrangement, but so far no one has taken care of it and no one has asked.

It was an unjust, false and wrongful case that caused me to personally experience the torture with a small heart, and changed to (educated youth), but ** did not solve it according to the implementation of the audit of the seniority of the educated youth (the seniority of the educated youth). I avenged Zhaoxue and asked for help according to the relevant policy documents to find and solve (the seniority of the educated youth).