What is Xiamen’s national compensation standard? 1. What is Xiamen’s national compensation standard? 2065438 + On May 5, 2009, the Criminal Complaints Procuratorate of the Supreme People's Procurato
What is Xiamen’s national compensation standard? 1. What is Xiamen’s national compensation standard? 2065438 + On May 5, 2009, the Criminal Complaints Procuratorate of the Supreme People's Procuratorate issued a notice requiring the People's Procuratorates at all levels to implement a new daily compensation standard of 315.94 yuan when handling state compensation cases at the same level. According to the relevant person in charge of the Criminal Complaints Prosecution Department of the Supreme People's Procuratorate, Article 33 of the "State Compensation Law" stipulates: "If a citizen's personal freedom is violated, daily compensation shall be calculated based on the average daily wages of employees in the previous year." According to the above-mentioned laws and regulations , statistical data and the daily average wage calculation formula provided by the Ministry of Human Resources and Social Security, the Supreme People's Procuratorate has determined a new daily compensation standard of 315.94 yuan for state compensation cases that infringe on citizens' personal freedom. According to the second paragraph of Article 21 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in the Handling of Criminal Compensation Cases", the people's procuratorates at all levels will implement the same-day compensation standards starting from May 2019. 2. According to the Supreme People’s Court’s Interpretation of Several Issues Concerning Application for State Compensation in Civil and Administrative Litigation by the Supreme Court, parties may apply to the court for state compensation for the following acts. 1. Violating legal provisions and taking coercive measures against actions that impede litigation include four types of actions. (1) Judicial detention and fines will be taken against those who have no facts to obstruct the proceedings or who have no evidence to prove that they have obstructed the proceedings. (2) Implementing judicial detention beyond the time limit stipulated by law. (3) Fines and judicial detention measures are taken multiple times for the same act of obstructing litigation. (4) Penalty for exceeding the legal deposit. 2. Illegal preservation measures include five behaviors. (1) Preservation measures are taken but not taken in accordance with the law or lifted but not lifted in accordance with the law. (2) Preserve the property of the person not involved in the case (except if the person not involved in the case has debts to the parties to the case). (3) The amount or scope of the preservation application is obviously exceeded. (4) Failure to perform supervisory duties and serious irresponsibility for sealed or impounded property, causing damage or loss (except for those that are handed over to relevant units or individuals for safekeeping in accordance with the law). (5) Selling property that has not been evaluated by a contract appraisal agency, or forcibly selling property to others without auctioning it in accordance with the law. 3. Errors in the execution of judgments, rulings and other effective legal documents, that is, legally effective judgments, rulings, civil sanction decisions, mediation letters, payment orders, arbitration awards, notarized creditor's rights documents with enforceable effect, administrative penalties and disposal decisions Execution errors, including six behaviors. To sum up, state compensation is particularly important for a victim, but the standard of compensation depends on the national policy and the circumstances of the case. Generally, the greater the harm you suffer, the greater the amount of compensation the state will provide. Therefore, if your rights and interests are harmed, you can apply directly.