1. With reference to Article 16 of the State Compensation Law of People's Republic of China (PRC), the victim has the right to compensation if the organ exercising the functions and powers of investigation, prosecution, trial and prison management and its staff infringe upon the property right in the exercise of their functions and powers under any of the following circumstances:
(1) illegally taking measures such as sealing up, distraining, freezing and recovering property;
(2) according to the procedure of trial supervision, the retrial is changed to innocence, and the original judgment of fine and confiscation of property has been executed.
2. According to Article 6 of the State Compensation Law of People's Republic of China (PRC), citizens, legal persons or other organizations that have suffered damage have the right to claim compensation.
3. According to Article 19 of the State Compensation Law of People's Republic of China (PRC), if an organ exercising the functions and powers of state investigation, prosecution, trial and prison administration and its staff infringe upon the legitimate rights and interests of citizens, legal persons and other organizations in the exercise of their functions and powers and cause damage, the organ shall be the organ liable for compensation.
4. With reference to Article 28 of the State Compensation Law of People's Republic of China (PRC), if the property rights of citizens, legal persons and other organizations are infringed and damage is caused, it shall be handled in accordance with the following provisions:
(1) If a fine is imposed, a fine is imposed, property is recovered or confiscated, property is expropriated or expenses are apportioned in violation of state regulations, the property shall be returned;
(2) If the property is sealed up, seized or frozen, the sealing up, seizure and 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 state; if it cannot be restored to its original state, it shall pay corresponding compensation according to the degree of damage;
(four) if the property that should be returned is lost, the corresponding compensation shall be paid;
(5) If the property has been auctioned, the proceeds from the auction shall be paid;
(six) if the license and license are revoked and ordered to suspend production or business, it shall compensate the necessary recurrent expenses during the period of suspension of production or business;
(7) If other damages are caused to property rights, compensation shall be made according to direct losses.
Extended data
1. According to the provisions of Article 20 of the State Compensation Law of People's Republic of China (PRC), the organ liable for compensation shall make compensation if it is legally confirmed that there is one of the circumstances stipulated in Article 15 and Article 16 of this Law. The claimant shall first file a claim for compensation with the organ liable for compensation.
2. According to the provisions of Article 21 of the State Compensation Law of People's Republic of China (PRC), the organ liable for compensation shall make compensation in accordance with the provisions of Chapter IV of this Law within two months from the date of receiving the application; If the compensation is not paid within the time limit or the compensation claimant disagrees with the amount of compensation, the compensation claimant may apply for reconsideration to the organ at the next higher level within 30 days from the expiration of the time limit. If the organ liable for compensation is a people's court, the claimant for compensation may apply to the compensation committee of the people's court at the next higher level for a compensation decision in accordance with the provisions of the preceding paragraph.
3. According to Article 22 of People's Republic of China (PRC) State Compensation Law, the reconsideration organ shall make a decision within two months from the date of receiving the application.
If the claimant refuses to accept the reconsideration decision, he may, within 30 days from the date of receiving the reconsideration decision, apply to the compensation committee of the people's court at the same level where the reconsideration organ is located for making a compensation decision; If the reconsideration organ fails to make a decision within the time limit, the claimant may apply for compensation to the compensation committee of the people's court at the same level where the reconsideration organ is located within 30 days from the date of overdue. The compensation decision made by the compensation Committee has legal effect and must be implemented.
People's Network: People's Republic of China (PRC) State Compensation Law