Legal analysis: the procedure of applying for state compensation against administrative punishment: the claimant should first apply to the organ liable for compensation. If the victim applies to the organ liable for compensation, the organ liable for compensation shall decide whether to pay compensation within two months. If the organ liable for compensation fails to pay compensation within the time limit or the claimant has any objection to the amount of compensation, it shall treat it differently according to the different circumstances of administrative compensation and criminal compensation.
Legal basis: Article 2 of People's Republic of China (PRC) State Compensation Law.
If a state organ or functionary of a state organ infringes upon the lawful rights and interests of a citizen, legal person or other organization as stipulated in this Law and causes damage, the victim shall have the right to obtain state compensation in accordance with this Law. The organ liable for compensation as stipulated in this Law shall fulfill its obligation for compensation in a timely manner in accordance with this Law.