1, if the personal freedom of citizens is infringed, the daily compensation shall be calculated according to the average daily salary of employees in the previous year;
2, the infringement of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
(1) If physical injury is caused, pay medical expenses and nursing expenses, and compensate the income reduced due to missed work. 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 and 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.
What is the national compensation standard?
2065438+On May 5, 2009, the Supreme People's Procuratorate Criminal Appeal Procuratorate issued a notice requesting people's procuratorates at all levels to implement the new daily compensation standard of 3 15.94 yuan when handling state compensation cases at the same level.
Conditions of state compensation
(1) The claimant for compensation is a citizen, legal person and other organization whose legitimate rights and interests have been damaged; If the injured citizen dies, his heirs and other dependent relatives have the right to claim compensation; Where the damaged legal person or other organization terminates, the legal person or other organization that inherits its rights has the right to claim compensation.
(two) the organ liable for compensation is the government organ and its functional departments, people's courts and people's procuratorates that exercise their functions and powers to infringe upon the legitimate rights and interests of citizens, legal persons and other organizations; Where two or more organs infringe upon the legitimate rights and interests of citizens, legal persons and other organizations at the same level, the two or more organs shall be the same organ liable for compensation; After reconsideration by the reconsideration organ, the organ that initially caused the infringement is the organ liable for compensation, but if the reconsideration decision aggravates the damage, the reconsideration organ shall be liable for compensation for the aggravated part.
(3) There are specific claims for compensation and factual basis for damage.
(4) The infringed matter has been confirmed according to law (that is, the infringing organ or its superior organ has determined that the act is illegal or has been revoked).
(5) The organ liable for compensation has dealt with it first or after reconsideration.
(6) Belonging to the legal scope of state compensation and the jurisdiction of the people's court that accepts it.
(7) within the time limit prescribed by law.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 33 of People's Republic of China (PRC) State Compensation Law
Violation of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
Article 34
Violation of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
If physical injury is caused, medical expenses and nursing expenses shall be paid, and the income reduced due to missed work shall be compensated. 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;
If part or all of the labor 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;
If death is caused, death compensation and funeral expenses shall be paid, the total amount of which is 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.