How to apply for compensation? How to apply for state compensation

Paragraph 2 of Article 9 of the State Compensation Law: A claimant for compensation shall first submit a claim for compensation to the organ with the obligation to compensate, and may also submit it at the same time when applying for administrative reconsideration and initiating an administrative lawsuit. Added:

Article 12: An application shall be submitted to claim compensation, and the application shall indicate the following matters:

1) The victim's name, gender, age, work unit and residence, the name and residence of the legal person or other organization, and the name and position of the legally-designated representative or principal responsible person;

2) the specific requirements, factual basis and justification;

3) The year, month, and day of application.

Where the claimant for compensation has real difficulty in writing the application, he or she may entrust another person to write on his behalf; It may also be applied orally, and the organ with the obligation to compensate will record it in the record. Supplement: Article 19.3:

Where a person who has not committed a crime is wrongfully arrested, the organ that made the arrest decision is the organ with the obligation to compensate.

Article 26 Where a citizen's personal liberty is violated, the daily compensation shall be calculated on the basis of the average daily wage of the State employee in the previous year.

Article 32: The statute of limitations for compensation claimants requesting state compensation is two years, calculated from the date on which the conduct of state organs and their staffs in the exercise of their authority 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 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. Follow-up:

Should I file an application with the Public Security Bureau or file a lawsuit with the People's Court? : According to the State Compensation Act, both methods are acceptable.

Follow-up question: The public security organs only revoked my bail pending further investigation and did not withdraw the case, should I apply to withdraw the case? ：

Then you can first go to the higher public security organ to apply for administrative reconsideration, and ask for the revocation of all penalties and state compensation.

Legal Analysis: Application Process for State Compensation:

1) The claimant for state compensation is the injured citizen, legal person or other organization. In the event of the death of an injured citizen, his heirs and other dependent relatives have the right to claim compensation.

2) Claims for compensation shall first be submitted to the organ with the obligation to compensate, which shall be the administrative organ that has caused damage to citizens, legal persons or other organizations in the exercise of their functions and powers, as well as the investigation, procuratorate, trial and prison management organs.

3) An application shall be submitted for compensation. The written application shall clearly indicate the victim's name, gender, age, work unit and address, the name and domicile of the legal person or other organization that is responsible for the crime, and the name and position of the legal representative or principal responsible person; specific requirements, factual basis and rationale; The year, month, and day of the application.

4) The compensation authority shall pay compensation within two months from the date of receipt of the application; If the compensation is not made within the time limit, or the claimant has objections to the amount of compensation, the claimant for administrative compensation may file a lawsuit with the people's court within 3 months from the date of expiration of the period.

Legal basis: Article 3 of the Judicial Interpretation of the State Compensation Law of the People's Republic of China? If the compensation commission receives an application for compensation and finds that the application requirements are met after examination, it shall file the case within 7 days, and notify the claimant for compensation, the organ with the obligation to compensate and the reconsideration organ that the application requirements are not met, and if it finds that the application requirements are not met within 7 days, it shall decide to reject the application if it finds that the application requirements are not met.

The time limit provided for in the preceding paragraph shall be calculated from the date on which the compensation application is received by the Compensation Commission. If the application materials are incomplete, the compensation commission shall inform the claimant of all the contents that need to be supplemented and corrected at one time within five days, and the time for receiving the compensation application shall be calculated from the date on which the compensation commission receives the supplementary materials.

Fourth? The compensation committee shall, within 5 days from the date on which the case is filed, send a copy of the application for compensation or a copy of the "Application for Compensation Registration Form" to the organ with the obligation to compensate and the organ for reconsideration. Mausoleum.

Article 5? The claimant may entrust one or two persons as the first person. Lawyers, close relatives of the citizen who made the application, persons recommended by relevant social groups or units, and other citizens with the permission of the Compensation Commission can be entrusted as ** persons.

Hello dear, <>

I am glad to answer for you, to apply for state compensation: 1. You can submit a reconsideration of Wang Liang to the public security bureau that made the detention decision, or an administrative reconsideration to the public security organ at the next higher level; 2. It is also possible to ask the people's court to ask for compensation from the state when the people's court initiates an administrative lawsuit. Legal basis:

Article 9 of the State Compensation Law ("State Compensation Law") Where the organ with the obligation to compensate has any of the circumstances provided for in Articles 3 and 4 of this Law, it shall give compensation. A claimant for compensation shall first submit it to the organ with the obligation to compensate, and may also file a request for leniency at the same time when applying for administrative reconsideration or initiating an administrative lawsuit. Article 10: Claimants for compensation may demand compensation from any of the organs with joint obligation to compensate, and the organ with the obligation to compensate shall make compensation in advance.

What is the reason to quit? There is no compensation for resignation due to personal reasons, and you can refer to Article 38 of the Labor Contract Law, which stipulates that if you meet your circumstances and propose to terminate the labor contract for the reasons specified in one of the provisions, you can claim severance compensation.

Legal basis: Article 38 of the Labor Contract Law provides that an employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances in which the law or administrative regulations provide that the employee may terminate the labor contract.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer. Liquid Sun.

There is no compensation for your resignation, and you should be fired. Or the industry and commerce can not continue to work.

According to the law, if the employer terminates the labor contract with the employee before the expiration of the labor contract, it is required to pay severance payment, which is calculated as one month's salary after one year of service, which refers to the average salary of the 12 months before resignation, and shall be subject to the amount due. However, if you resign on your own, the employer does not need to pay compensation.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's economic compensation for the sedan car.

If the monthly wage of a worker is three times higher than the average monthly salary of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.

If you take the initiative to resign, it means that you propose to terminate the labor contract, and the employer has no compensation for you.

If the employer terminates the labor contract without reason (non-landlord violates the contract and other factors), the employer must pay economic compensation.

In accordance with the provisions of the law, Article 47 of the Law on Labor Closure and Early Concealment shall be paid to the worker according to the number of years he or she has worked in the unit and the standard of one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year;

If it is less than six months, the worker shall be paid half a month's salary.

If you resign, you will terminate the contract of Lao Qiaoyin, and there will be no compensation for the filial piety banquet.

If the employer terminates the joint labor travel agreement, it must pay severance payments.

There are provisions in the Labor Contract Law.

Do you want to apply for compensation in the form of Shilao Chenshan? If the employer does not buy you social security or there are other illegal acts for you, if not, you have no right to apply for compensation from the unit. Of course, there is a situation where you are already in an indefinite term labor contract, and the employer is not allowed to let you resign or be fired at will.

If none of these are the case, you can't apply.

Hello, lawyer Ma will answer for you: If you leave the job voluntarily, there will be no compensation. If the company dismisses you, or the company's behavior infringes on your rights and interests, you can file a forced resignation to claim compensation from the company.

If the employee resigns by himself, he or she cannot apply for compensation, and even if he or she does, the employer will not give compensation.

There is no compensation for your own resignation, because it was an individual who initiated it. If the company wants to fire you, you will need compensation.

1. Template of the application for payment of state compensation (the name of the organ with the obligation to pay compensation is printed here) Application for payment of state compensation Public Compensation Amount (Financial Department): The application for payment of state compensation received by this machine on the date of year, month and month (name and name of the claimant for compensation) is hereby applied to your unit for payment of state compensation (specific amount) in accordance with the provisions of paragraph 3 of Article 37 of the State Compensation Law of the People's Republic of China. P.S

1. (Application for payment of state compensation submitted by the claimant) 2. (Name and document number of the judgment, reconsideration decision, compensation decision, and mediation wide chain) Year, Month and Date (Seal of the Organ with the Obligation to Compensation or Special Seal for State Compensation) In triplicate, one shall be submitted to the financial department, one shall be attached to the file, and one shall be stub. State compensation State compensation refers to the compensation that should be given in accordance with the law by state organs and their functionaries for damage to the personal rights or property rights of citizens, legal persons and other organizations due to the exercise of their powers. State compensation shall be performed by the infringing state organs.

According to the provisions of the State Compensation Law of the People's Republic of China, which came into force on January 1, 1995, state compensation generally includes administrative compensation and criminal compensation. The Supreme People's Court announced the compensation standard for infringement of citizens' right to personal liberty involved in the 2018 state compensation decision, and the specific amount is RMB per day. Article 5 The State shall not be liable for compensation if it falls under any of the following circumstances:

Personal conduct of staff members of administrative organs unrelated to the exercise of their powers; Harm occurs as a result of the actions of citizens, legal persons, and other organizations; Other circumstances provided for by law. Section 2: Claimants for Compensation and Compensation Obligations Article 6: Injured citizens, legal persons, and other organizations have the right to demand compensation. In the event of the death of an injured citizen, his heirs and other dependent relatives have the right to claim compensation.

Where the injured legal person or other organization is terminated, the successor of its rights has the right to demand compensation. What are the legal bases? When applying for such State compensation, one should provide a corresponding explanation of the actual circumstances of the injury.

A detailed explanation of the corresponding compensation organs will be provided to facilitate the relevant departments of our country to conduct the corresponding trial and adjudication work when they are in charge of such cases.

Report to the police and apply for injury evaluation: 1. If it constitutes a minor injury or more than a minor injury, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.

2. If the injury is assessed as a minor injury, only civil compensation can be claimed, and the victim can directly sue the court for personal injury compensation; At the same time, an administrative penalty may be requested. 3. After the public security organ files a case, the victim may also file a civil lawsuit attached to the criminal case to demand compensation. Of course, it is also possible to sue directly in court for personal injury compensation.

4. Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, disability compensation, mental injury solace, etc.

1. Is there compensation for breaking someone's leg and going to jail?

If it constitutes a minor injury or more, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.

Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, disability compensation, mental injury solace, etc.

2. How to compensate for being beaten in a dispute with someone.

You can call the police to deal with it and apply for injury appraisal:

1. If it constitutes a slight injury or more than a minor injury, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.

2. If the injury is assessed as a minor injury, only civil compensation can be claimed, and the victim can directly sue the court for personal injury compensation; At the same time, an administrative penalty may be requested.

3. After the public security organ files a case, the victim may also file a civil lawsuit attached to the criminal case to demand compensation. Of course, it is also possible to sue directly in court for personal injury compensation.

4. Personal injury compensation items include: medical expenses, nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, disability compensation, mental injury solace, etc.