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The compensation standards of the State Compensation Law are as follows: 1. In the case of infringement of a citizen's personal freedom, the daily compensation shall be calculated according to the average daily wage of the employees of the State in the previous year. 2. Where a citizen's right to life and health is violated, the compensation shall be calculated in accordance with the following provisions:
1) Where bodily injury is caused, medical expenses, nursing expenses, and compensation for the loss of income due to lost work shall be paid. The compensation for each day of the reduction in earnings is calculated on the basis of the average daily wage of the State employee in the previous year, up to a maximum of five times the average annual wage of the State employee in the previous year.
2) Where partial or total loss of ability to work is caused, medical expenses, nursing expenses, disability living aids, ** expenses, and other necessary expenses increased due to disability and expenses necessary for continuation, as well as disability compensation, shall be paid. Disability compensation shall be determined according to the degree of incapacity for work and in accordance with the level of disability prescribed by the State, and shall not exceed 20 times the average annual wage of employees in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses for the person who is unable to work.
3) Where death is caused, 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. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime. The standards for the payment of living expenses provided for in items (2) and (3) of the preceding paragraph are to be implemented with reference to the local minimum subsistence security standards.
If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses shall be paid until the time of death. 3. Where mental harm is caused, the victim shall be eliminated within the scope of the impact of the infringement, the victim's reputation shall be restored, and a formal apology shall be made; where serious consequences are caused, a corresponding solatium for mental harm shall be paid. 4. Infringement of the property rights of citizens, legal persons and other organizations that causes damage shall be dealt with in accordance with the following provisions:
1) Where fines or fines are imposed, property is recovered or confiscated, or property is illegally expropriated or requisitioned, the property is to be returned;
2) Where property is sealed, seized, or frozen, and the sealing, seizure, or freezing of property is lifted, causing damage or loss of property, compensation is to be made in accordance with the provisions of items 3 and 4 of this article;
3) Where the property that should be returned is damaged, it can be restored to its original state, and if it cannot be restored, compensation shall be paid according to the extent of the damage;
4) Where the property that should be returned is lost, the corresponding compensation shall be paid;
5) Where property has already been auctioned or sold, the price obtained from the auction or sale shall be paid; If the sale price is obviously lower than the value of the property, the corresponding compensation shall be paid;
6) Where permits and licenses are revoked, or the suspension of production and business is ordered, compensation shall be made for necessary recurrent expenses during the period of suspension of production and business;
7) Where fines or fines for enforcement are returned, money recovered or confiscated, or deposits or remittances that have been unfrozen, interest shall be paid on bank deposits for the same period;
8) Where other damage is caused to property rights, compensation is to be given in accordance with direct losses.
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b, is civil liability. The tort of civil holding is not related to the performance of official duties itself, so it bears civil liability for compensation.
c, it is a civil liability for compensation, and firing a warning gun is a legal act to eliminate suspicion and accidentally injure a pedestrian. And the state compensates Zhongkai for liability is illegal.
d. It is the liability of the state. If the court violates the provisions of the Civil Procedure Law in the course of enforcement and deliberately transfers property to others at a low price, it is an illegal act and shall bear the liability of the state for compensation.
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The core of the State Compensation Law lies in the illegal exercise of power and infringement of legitimate rights and interests. The mistake of Slow Eggplant B is that not disturbing Hu is an act of "exercising power"; c's mistake lies in the correct exercise of authority, and the delay should be compensation rather than compensation from the State. D's error lies in the unlawful exercise of the powers of the courts.
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First of all, (1) the purchase of stolen goods from an individual shall be returned to the original right holder and the right holder shall not have to pay the consideration. (2) If you buy it in the regular second-hand trading market, you can obtain it in good faith and obtain ownership, and the original right holder has no right to take it back. There is no talk of compensation.
Second, if it is determined that it is stolen, you will be finished, and you will be given a certain amount of depreciation.
In either case, it won't lose you money.
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If it is determined that She bought stolen goods, how much money does She have to compensate?
If you don't compensate, just return your mobile phone.
If it is determined that She is Zhao's mobile phone that was stolen, how much will be compensated?
If you don't compensate, return your mobile phone + pursue criminal responsibility.
This is carried out in accordance with the policy of the state.
I jokingly kicked my classmate first, but my classmate kicked my phone directly, and the other party's parents only paid half of the repair money.
The sources of State compensation law are the various forms of legal documents that contain the legal norms of State compensation. It cannot simply be understood as the origin of the law of State compensation. The sources of China's national compensation law mainly include: >>>More
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
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. >>>More