If the case is still unresolved, a lawyer should be entrusted to provide legal aid. It is required to find out the facts and announce them to the public to save the bad influence. Personally, I'm afraid that your legal foundation is not enough, which will delay or omit the evidence ~ ~ ~
The following is the procedure for applying for compensation. In order to avoid omission, copy it directly.
Procedures for applying for compensation
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According to the state compensation law and the state compensation procedure, the general principle is that the claimant for compensation should first apply to the organ liable for compensation. Because China implements the principle that the infringing organ is consistent with the organ liable for compensation, that is, the claimant for compensation should first apply to the infringing organ for compensation. The principle of applying to the organ liable for compensation first is to simplify the procedure, facilitate the victims and help them get compensation in time. 1. Applying for compensation to the organ liable for compensation is commonly known as negotiation procedure or agreement procedure, that is, the organ liable for compensation and the claimant first conduct voluntary consultations on matters related to the scope, method and amount of compensation, reach a compensation agreement, and resolve compensation disputes. However, there is an exception to this principle, that is, when the claimant makes administrative compensation, because of the existence of administrative reconsideration and administrative litigation, the claim for compensation can be attached to the administrative reconsideration and administrative litigation, and the claimant can make it at the same time when applying for administrative reconsideration and bringing an administrative lawsuit, without having to apply for compensation from the organ liable for compensation first.
If the victim applies to the organ liable for compensation, the organ liable for compensation shall decide whether to pay compensation within two months. If the organ liable for compensation fails to pay compensation within the time limit or the claimant disagrees with the amount of compensation, the State Compensation Law stipulates different procedures according to the different situations of administrative compensation and criminal compensation. If it is administrative compensation, you can bring a lawsuit to the people's court. For criminal compensation, if the organ liable for compensation is a people's court, the claimant may directly apply for compensation from the compensation committee of the people's court at the next higher level; Where the organ liable for compensation is a public security, security and procuratorial organ other than the people's court, the claimant needs to apply for reconsideration to the organ at the next higher level of the organ liable for compensation, and the claimant refuses to accept the reconsideration decision or the reconsideration organ fails to make a decision within the time limit. Then apply for compensation to the compensation Committee of the people's court at the same level where the reconsideration organ is located.
In the state compensation procedure, another major difference between administrative compensation and criminal compensation is that, in terms of judicial institutions, administrative compensation is subject to the administrative litigation procedure of the Administrative Procedure Law, which is tried by the administrative court of the people's court; Criminal compensation shall be tried by a compensation committee specially established by the people's court. According to the State Compensation Law, "the people's court at or above the intermediate level shall set up a compensation committee composed of three to seven judges of the people's court." This is because the state organs involved in criminal compensation are complicated, including people's courts that preside over the settlement of compensation disputes and people's procuratorates that supervise the implementation of laws. The people's court is not only the organ liable for compensation, but also the organ presiding over the settlement of compensation disputes and deciding whether to pay compensation. Although the people's court presiding over the settlement of compensation disputes and the people's court performing compensation obligations are not the same people's court, they are all within the people's court system after all, which seems to violate the ancient judicial law that "no one can be a judge in his own case". At the same time, the people's procuratorate is the organ that supervises the court's trial activities, but in terms of criminal compensation. The people's procuratorate will accept the trial of the people's court as a party. These special circumstances determine that criminal compensation cannot be handled as a general case, but should be handled by any judicial institution established by the people's court. Therefore, the State Compensation Law determines that criminal compensation shall be handled by the special compensation committee of the people's court.
However, whether it is administrative compensation or criminal compensation, since it is a judicial activity to judge compensation disputes at the request of compensation claimants, it should abide by the general rules of judicial procedures. The general procedure of compensation is as follows: (1) When making a claim for compensation, an application should be submitted, which should specify the natural condition, specific requirements, basis and reasons of the victim; (2) collegiate bench. Both the administrative court and the compensation Committee adopt the principle that the minority is subordinate to the majority, and the collegiate bench hears cases; (3) make a ruling on whether to compensate. The compensation decision made by the compensation Committee has legal effect and must be implemented. In administrative proceedings, the parties have the right to appeal in accordance with the procedures stipulated in the Administrative Procedure Law.