What are the conditions that constitute state compensation

The most important question to be considered is first and foremost whether the case falls within the scope of civil or administrative or criminal cases, and the standard of compensation for each type is different. Where administrative organs and their staff infringe on their personal rights in any of the following circumstances when exercising their administrative powers, the victims have the right to compensation: 1. Illegally detaining or illegally employing administrative coercive measures restricting citizens' personal freedom; illegally detaining or otherwise unlawfully depriving citizens of their personal liberty; 2. Causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; Illegal use of ** or police equipment to cause bodily injury or death to citizens; 3. Other illegal acts that cause physical injury or death to citizens.

Chapter II: Administrative Compensation.

Section 1: Scope of Compensation.

1) Unlawful detention or unlawful adoption of administrative compulsory measures restricting citizens' personal freedom;

2) Unlawful detention or other unlawful deprivation of a citizen's personal liberty;

3) Causing bodily injury or death to citizens by violent acts such as beatings, or instigating others to use violent acts such as beatings;

Chapter III: Criminal Compensation.

Section 1: Scope of Compensation.

Article 15: Where organs exercising investigative, procuratorial, adjudicatorial, or prison management powers, and their staffs, have any of the following violations of personal rights in the exercise of their authority, the victims have the right to receive compensation:

1) Wrongful detention of a person who has no facts of a crime or who is not proven to be a major suspect of a crime;

2) Wrongful arrest of a person who has no facts of a crime;

3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

4) Extorting confessions by torture or using violent acts such as beatings, or instigating others to use violent acts such as beatings, causing physical harm or death to citizens;

5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

Article 16: Where organs exercising investigative, procuratorial, adjudicatorial, or prison management powers and their staffs have any of the following violations of property rights in the exercise of their authority, the victims have the right to receive compensation:

1) Illegally employing measures such as sealing, seizing, freezing, or recovering property;

2) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original fine or confiscation of property has already been enforced.

Article 17 The State shall not be liable for compensation under any of the following circumstances:

1) Being detained or sentenced to a criminal punishment because a citizen intentionally made a false confession or fabricated other evidence of guilt;

2) A person who does not bear criminal responsibility in accordance with articles 14 and 15 of the Criminal Law is detained;

3) A person who is not pursued for criminal responsibility in accordance with article 11 of the Criminal Procedure Law is detained;

4) Personal conduct of staff of organs exercising state investigative, procuratorial, adjudicatorial, or prison management powers that are unrelated to the exercise of authority;

5) Harm occurs as a result of intentional acts such as self-injury or self-harm by citizens;

6) Other circumstances provided for by law.

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.

1) Illegally imposing administrative punishments such as fines, revocation of permits and licenses, orders to suspend production and business, or confiscation of property;

2) Illegally employing administrative compulsory measures such as sealing, seizing, or freezing property;

3) Violating state regulations by levying property or apportioning expenses;

4) Other illegal acts that cause damage to property.

Article 5 The State shall not be liable for compensation under any of the following circumstances:

1) Personal conduct of staff of administrative organs unrelated to the exercise of authority;

2) Harm occurs as a result of the actions of citizens, legal persons, and other organizations;

3) Other circumstances provided for by law.

1. The damage caused must be committed by the state organ and its staff;

2. The act causing the damage must be an illegal act of duty by a state organ and its staff;

3. There must be objective facts that the legitimate rights and interests of citizens have been harmed;

4. There is a causal relationship between the illegal acts of state organs and their staff and the results of the damages;

5. It must be expressly provided for in law (i.e., not all injured countries are liable for compensation).

Conditions under which the State is liable.

1. The claimant for compensation shall be a citizen, legal person or other organization whose lawful rights and interests have been harmed; In the event of the death of a citizen who has suffered damage, his heirs and other relatives who have a dependency relationship have the right to claim compensation; If the legal person or other organization that has suffered damage is terminated, the legal person or other organization that has inherited its rights has the right to claim compensation.

2. The organ with the obligation to compensate shall be the first-class organ and its functional departments, people's courts, and people's procuratorates that have infringed upon the legitimate rights and interests of citizens, legal persons and other organizations by themselves or their staff members in the exercise of their powers; Where two or more organs jointly exercise their authority and infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, causing harm, those two or more organs are organs with a joint obligation to compensate; Where the reconsideration organ has reconsidered, the organ that initially caused the infringement is the organ with the obligation to compensate, but if the reconsideration decides to aggravate the damage, the reconsideration organ shall be liable for the aggravated part.

3. There is a specific claim for compensation and the factual basis for the injury.

4. The infringing matter has been confirmed in accordance with the law.

5. The compensation obligation has been handled by the organ concerned or has gone through the reconsideration procedure.

6. It is within the scope of statutory state compensation and the jurisdiction of the people's court that accepts it.

7. Comply with the time limit prescribed by law.

Legal basis] Article 2 of the State Compensation Law stipulates that if a state organ or its functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations as provided for in this Law, and cause damages, the victim shall have the right to obtain state compensation in accordance with this Law. The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law.

When can you apply for state compensation.

What is the premise of state compensation?

When can you apply for state compensation.