1. For violations of citizens’ personal freedom, daily compensation shall be calculated based on the average daily wages of employees in the previous year. The number of days in violation of citizens’ personal freedoms*219.72 yuan.
2. If a citizen’s right to life and health is violated, compensation shall be calculated according to the following provisions: (1) If physical injury is caused, medical expenses: actual medical expenses (medical records and receipts are required), nursing expenses: number of nurses* Number of days of nursing care * working expenses (loss of work or nursing fees): number of days * 219.72 yuan.
(2) Resulting in partial or total loss of working ability: medical expenses: actual medical expenses (medical documents: medical records, receipts, etc.), nursing expenses: number of nurses * number of nursing days * work expenses (loss of work or Nursing fee), lost work fee: number of days * 219.72 yuan, disability compensation: compensation according to the disability level, disabled living assistive devices: actual purchase cost.
(3) Death compensation and funeral expenses: the national average annual salary of employees in the previous year * 20, living expenses: the national average annual salary of employees in the previous year * years of support * number of people, the second and third items of the preceding paragraph The living allowance payment standards stipulated in this item shall be implemented with reference to the local subsistence allowance standards. If the dependent is a minor, living allowances will be paid until he or she reaches the age of 18; for other people who are incapable of working, living allowances will be paid until their death.
3. If mental damage is caused, the victim shall be within the scope of the infringement to eliminate the impact, restore the reputation, and apologize; if serious consequences are caused, corresponding mental damage solatium shall be paid.
4. Those who infringe upon the property rights of citizens, legal persons and other organizations and cause damage shall be dealt with in accordance with the following provisions:
(1) Fines, fines, recovery or confiscation of property or illegal expropriation, Expropriate property and return property.
(2) If the property has been sealed, detained, or frozen, the seal, seizure, or freezing shall be lifted. If the property is damaged or lost, compensation shall be made in accordance with the provisions of items (3) and (4) of this article.
(3) If the property that should be returned is damaged, it can be restored to its original condition; if it cannot be restored to its original condition, corresponding compensation should be given according to the degree of damage.
(4) If the property that should be returned is lost, corresponding compensation shall be paid.
(5) If the property has been auctioned or sold, the auction or sale price shall be paid; if the sales price is significantly lower than the value of the property, corresponding compensation shall be given.
(6) Revoke the license and license, order the company to suspend production and business, and compensate necessary recurring expenses during the suspension period.
(7) If fines or penalties, amounts recovered or confiscated, frozen deposits or remittances are unfrozen, the bank shall pay deposit interest for the same period.
(8) If other damage is caused to property rights, compensation shall be based on direct losses.
5. Compensation costs should be included in the financial budgets at all levels. The claimant for compensation shall apply to the agency responsible for compensation for payment of compensation based on the effective judgment, reconsideration decision, compensation decision or mediation letter. The agency responsible for compensation shall submit an application to the relevant financial department within seven days from the date of receipt of the application for compensation payment in accordance with its budget management authority. The financial department shall pay the compensation within fifteen days from the date of receipt of the payment application. In a criminal case, the defendant is detained, and the detailed calculation method for the number of days of compensation is that the defendant is in criminal detention (set as time point A), and the detention continues until the judgment takes effect and the penalty is completed. Days of detention are calculated in two circumstances.
1. If the execution of the judgment is suspended, the compulsory measures should be changed when the judgment is served (set as time point B). After this time point, if the defendant is not in custody, the specific number of days for state compensation is: time point A to time point b.
2. If the judgment is a real sentence, after the judgment takes effect, the defendant is handed over for execution (set as time point C), and the defendant is detained until the defendant is acquitted (set as time point C) Time point D), then the specific number of days of state compensation is: from time point C to time point D, only the defendant will be compensated for the sentence that has been executed.