1. According to the State Compensation Law, if a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
2. Infringement of citizens' right to life and health, resulting in physical injury, in addition to paying medical expenses and nursing expenses, it shall also compensate for lost time according to 5 times of the average salary of employees in the previous year. In addition, if the victim loses the ability to work, he shall pay disability compensation, which shall not exceed 20 times of the average annual salary of employees in the previous year; Living expenses shall be paid to those who are unable to work and are supported by the victim. If the victim dies, he shall pay death compensation and funeral expenses, the total amount of which is 20 times of the average annual salary of employees in the previous year; For those who were unable to work and were supported by the deceased before his death, living expenses should also be paid.
3. In the case of meeting the conditions of criminal compensation, if mental damage is caused and serious consequences are caused, the corresponding mental damage consolation money shall be paid, but the compensation standard is not stipulated. According to the lawyer representing Uncle Zhang, there is an unwritten rule in the court system that the amount of compensation for mental damage should not exceed 50% of the amount of compensation for infringement of personal freedom, and the maximum amount of compensation should not exceed 300,000.
According to the state compensation law, state compensation is divided into criminal compensation and administrative compensation.
Criminal compensation: If the organs, detention centers, prison management organs and their staff who exercise the powers of investigation, prosecution and trial infringe upon personal rights and property rights, the victims also have the right to compensation. The state compensation that Song has the right to fight for belongs to the latter.
Administrative compensation: if the administrative organ and its staff infringe upon personal rights and property rights in the exercise of administrative functions and powers, the victim has the right to compensation. However, who is the most compensated by the state for unjust cases? Is the victim of ordinary people.
Second, what are the ways of state compensation?
The way of state compensation refers to the form that the state bears the liability for compensation. Throughout the world, there are three kinds of state compensation laws: monetary compensation, restitution and return of property.
(1) Monetary compensation: refers to the compensation method of giving the victim a certain amount in the form of monetary payment after calculating or estimating the damage degree of the victim. Generally, monetary compensation should be applied on the premise that property cannot be returned or restored to its original state. Specifically, it is mainly applicable to the following situations:
(1) Infringement of citizens' personal freedom and right to life and health;
(2) Infringement of the property rights of the victim, whose property has been lost or auctioned, and it is impossible to restore the original state or return the property.
(3) Infringement of the victim's property rights, resulting in damage to his property, which cannot be restored to its original state or has great difficulties in restoration;
(4) Returning property or returning it conflicts with legal norms.
(2) Restitution: It means that the state organ liable for compensation can only apply if the victim's property or rights are restored to the original state according to the victim's wishes and requirements. It usually applies to the following situations:
(1) The property that should be returned is damaged and can be restored to its original state;
(2) If the property is sealed up, seized or frozen, the sealing up, seizure and freezing shall be lifted;
(3) Restitution does not violate other laws.
In addition, the scope of application of restitution in state compensation is wider than that in civil compensation, which includes both the restoration of property and the restoration of rights, such as the restoration of household registration and the restoration of military ranks.
(3) Return of property: refers to the compensation method by which the organ liable for compensation returns the property out of the victim's control due to its infringement to the victim who enjoys the property ownership and possession. The applicable conditions for returning property mainly include:
(1) original exists;
(2) It is more convenient than monetary compensation. If the original has been transported to other places or needs to find its whereabouts, it is not as convenient as monetary compensation.
(3) it does not affect official business. If the original has been used for official activities and the return will affect official activities, monetary compensation shall be taken.
The organ liable for compensation shall make compensation according to law within two months from the date of receiving the application; If the compensation is not paid within the time limit or the claimant has any objection to the amount of compensation, he shall bring a lawsuit to the people's court within three months from the date of expiration of the time limit.
According to the relevant provisions of the State Compensation Law, the main way of state compensation is to pay compensation. Property that can be returned or restored to its original state shall be returned or restored to its original state.
legal ground
People's Republic of China (PRC) State Compensation Law
Thirty-third violations of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
Thirty-fourth violations of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
(a) causing physical injury, it shall pay medical expenses and nursing expenses, and compensate for the income reduced due to absenteeism. The daily compensation for 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;
(2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree of disability and the level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports;
(3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death.
The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.