Zhang Yuhuan applied for state compensation of 7 million yuan. How is this money worked out?

According to Article 33 of the State Compensation Law, if a citizen's personal freedom is infringed, the daily compensation shall be calculated according to the average daily salary of employees in the previous year. According to media calculations, Zhang Yuhuan lost his freedom for 9,778 days. Therefore, according to the average daily wage of China workers in 20 19 years, Zhang Yuhuan can claim the corresponding compensation of 339,0521.50 yuan (346.75 yuan/day).

At the same time, you can also apply for mental damages. According to the proportion of 35% of the previous amount, the amount is1180,000 yuan, totaling about 4.57 million yuan. But this is the minimum standard. For example, mental damage compensation should not exceed 35% in principle, not necessarily. Now many situations have exceeded this limit.

In addition, according to Article 34 of the State Compensation Law, those who infringe upon citizens' right to life and health may apply for corresponding compensation. For example, if physical injury is caused, medical expenses and nursing expenses shall be paid, and the income reduced due to missed work shall be compensated. The compensation for daily income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year.

Extended data:

1. In civil or administrative proceedings, if the people's court takes compulsory or protective measures against acts that hinder litigation, or wrongfully executes judgments, rulings and other effective legal documents, thus causing damage, the procedures for the compensation claimant to request compensation shall be governed by the provisions of the criminal compensation procedures of this Law.

2. The limitation period for the claimant to claim state compensation is two years, counting from the day when he knew or should have known that the state organs and their staff members violated their personal rights and property rights by exercising their functions and powers, but the period of restricting personal freedom such as detention is not counted. When applying for administrative reconsideration or bringing an administrative lawsuit, the relevant provisions of the Administrative Reconsideration Law and the Administrative Procedure Law shall apply.

3. If the claimant is unable to exercise his right of claim due to force majeure or other obstacles within the last six months of the limitation of compensation, the limitation shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation period of the claim for compensation shall continue to be counted.

References:

Baidu Encyclopedia-State Compensation Law