Since then, Zhang Yuhuan has filed a claim for compensation. However, in the process of applying for compensation, she found that the amount of compensation was much lower than expected, which caused widespread concern and doubt. Then, why did Zhang Yuhuan's application for compensation fall far short of expectations? Let's analyze it below.
operation sequence/order
1. Apply for compensation
After Zhang Yuhuan is acquitted, she can apply to the state for compensation. According to the provisions of the State Compensation Law of People's Republic of China (PRC), if a citizen, legal person or other organization is harmed due to wrong judgment, wrong execution or other mistakes of the judicial organ, he may apply to the state for compensation.
2. Determine the compensation standard
According to the provisions of the State Compensation Law of People's Republic of China (PRC), the compensation standards include compensation for economic loss, mental damage and deprivation of personal freedom. Among them, economic loss refers to the property loss caused by wrong judgment, wrong execution or other wrong acts that infringe upon the legitimate rights and interests of citizens, legal persons and other organizations; Compensation for mental damage refers to mental damage caused by wrong judgment, wrong execution or other mistakes that infringe upon the legitimate rights and interests of citizens, legal persons and other organizations; Compensation for deprivation of personal freedom refers to the compensation that the person deprived of personal freedom applies for because of wrong judgment, execution or other mistakes that infringe upon the legitimate rights and interests of citizens, legal persons and other organizations.
3. Review the application for compensation
The State Compensation Commission is the institution responsible for reviewing compensation applications. When reviewing the application for compensation, the State Compensation Commission needs to review the materials submitted by the applicant and determine the compensation standard and amount according to relevant laws, regulations and judicial interpretations.
4. Payment of compensation
After approval, the State Compensation Commission will pay compensation to the applicant. Compensation can be directly transferred to the applicant's bank account or paid by other means.
Why is the amount of compensation much lower than expected?
In the case of Zhang Yuhuan, she applied for compensation of 8 million yuan. But in the end, the State Compensation Commission only gave her 300,000 yuan in compensation. So, why is the compensation amount far lower than expected? Here are some possible reasons.
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When the State Compensation Commission examines the application for compensation, it needs to review the materials submitted by the applicant. If the applicant cannot provide sufficient evidence to prove that he has suffered economic losses, mental damage, etc. Then the amount of compensation will be reduced accordingly.
2. The compensation standard is not clear
When reviewing the application for compensation, the State Compensation Commission needs to determine the compensation standard and amount according to relevant laws, regulations and judicial interpretations. However, because the compensation standard is not clear, different auditors may have different judgments on the compensation amount of the same case.
3. Identity of the applicant
In some cases, the identity of the applicant may affect the amount of compensation. For example, if the applicant is an ordinary citizen, the compensation amount may be relatively low. However, if the applicant is a senior official or celebrity, the amount of compensation may increase accordingly.
4. Political factors
In some cases, political factors may affect the amount of compensation. For example, if the case involves some sensitive political issues, the amount of compensation may be reduced accordingly.