State compensation, also known as state tort compensation, is an activity in which the state is liable for the damage caused by the infringement of public rights.
On1May, 1994 12, the Eighth National People's Congress of China passed the Law of the People's Republic of China on State Compensation. Article 2 of this Law stipulates: "If state organs and functionaries violate the lawful rights and interests of citizens, legal persons and other organizations by exercising their functions and powers illegally, the victims have the right to obtain state compensation in accordance with this Law."
China's State Compensation Law stipulates two kinds of state compensation: administrative compensation and criminal compensation.
(1) Administrative compensation
Administrative compensation refers to the compensation that the administrative organ and its staff illegally exercise their administrative powers and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations, and the state shall bear the liability for compensation. Administrative compensation is the main component of vertical compensation.
1, scope of compensation
Articles 3 and 4 of the State Compensation Law stipulate the scope of administrative compensation:
(1) illegally detaining or illegally taking administrative compulsory measures to restrict citizens' personal freedom;
(2) illegally detaining or otherwise illegally depriving citizens of their personal freedom;
(3) Causing bodily injury or death to citizens by violent acts such as beatings or instigating others to do so;
(4) Illegal use of * * and * * causes bodily injury or death to citizens;
(5) Other illegal acts that cause bodily injury or death to citizens;
(6) illegal implementation of administrative penalties such as fines, revocation of permits and licenses, order to stop production and business, and confiscation of property;
(7) illegal seizure, seizure, freezing and other administrative coercive measures against property;
(8) Collecting property and apportioning expenses in violation of state regulations;
(9) Other illegal acts that cause property damage.
Article 5 of the State Compensation Law also stipulates several situations in which the state does not assume administrative compensation responsibility:
(1) Personal behaviors of the staff of administrative organs unrelated to the exercise of their functions and powers;
(2) Damage is caused by the actions of citizens, legal persons and other organizations;
(3) Other circumstances stipulated by law.
2, the organ liable for compensation
According to the State Compensation Law, the determination of the organ liable for compensation can be divided into the following situations:
(1) If an administrative organ and its staff infringe upon the legitimate rights and interests of citizens, legal persons and other organizations and cause damage, the administrative organ shall be the organ liable for compensation;
(2) If two or more administrative organs infringe upon the legitimate rights and interests of citizens, legal persons and other organizations when exercising their functions and powers, the administrative organ with administrative functions and powers shall be the same as the organ liable for compensation;
(3) Where an organization authorized by laws and regulations infringes upon the legitimate rights and interests of citizens, legal persons and other organizations in the exercise of the administrative power granted, the authorized organization shall be the organ liable for compensation.
(4) If an organization or individual entrusted by an administrative organ infringes upon the legitimate rights and interests of citizens, legal persons and other organizations while exercising the entrusted administrative power, the entrusted administrative organ shall be the organ liable for compensation;
(5) If the compensation organ is revoked, the administrative organ that continues to exercise its functions and powers shall be the compensation organ; If there is no administrative organ that continues to exercise its functions and powers, the administrative organ that cancels the organ liable for compensation shall be the organ liable for compensation.
(6) After reconsideration by the reconsideration organ, the administrative organ that initially caused the infringement is the organ liable for compensation, but if the reconsideration decision of the reconsideration organ aggravates the damage, the reconsideration organ shall perform the obligation for compensation for the aggravated part.
The claimant for administrative compensation shall first file a claim for compensation with the organ liable for compensation, or may file a claim in parallel when applying for administrative compensation reconsideration and bringing an administrative lawsuit, but he has to file a lawsuit directly after being handled by the organ liable for compensation.
(2) Criminal compensation
Criminal compensation refers to the state compensation caused by wrong arrest, wrong arrest and wrong judgment of judicial organs.
1, scope of compensation
Articles 15 and 16 of the State Compensation Law stipulate the scope of criminal compensation:
(1) wrongfully detaining a person who has no criminal facts or has no facts to show that he is seriously suspected of committing a crime;
(2) wrongfully arresting a person who has no criminal facts;
(3) In accordance with the procedure of trial supervision, the retrial is changed to acquittal, and the original sentence has been executed;
(4) extorting a confession by torture or causing physical injury or death to a citizen by violent acts such as beating or instigating others to beat;
(5) Illegal use of * * and * * causes bodily injury or death to citizens;
(6) Illegal seizure, seizure, freezing and recovery of property;