Applicant: Wen Daocai, male, aged 68. Id number: 432421194210082790. He lives in Group 8, Beijigong Village, Shigongqiao Town, Dingcheng District, Changde City, Hunan Province. He is the owner of individual industrial and commercial households in Wuling District, Changde City, and also the head of the original restaurant.
On 2011117, the applicant Wen Daocai filed an application for administrative compensation with this organ, requesting the Wuling District People's Government to compensate the applicant for the necessary recurrent expenditure of nearly15 * * 900,000 yuan during the period of suspension of production and business, resulting in operational autonomy, that is, to compensate the loss of the business premises accordingly.
The applicant thinks: 1. The former Changde Pastry Factory is a state-owned enterprise and an organization entrusted by the former Changde Municipal People's Government. 1988 The former Changde Municipal People's Government was revoked and upgraded to a prefecture-level city, and the Wuling District People's Government continued to exercise its functions and powers. 2. Changde Pastry Factory rents out expired temporary buildings to the applicant for use, which violates the urban planning law and has been confirmed as illegal by Changde Planning Bureau; Later, he was forced to remove the facade rented by the applicant. His behavior violated relevant laws and caused economic losses to the applicant. 3. The applicant began to petition, complain, accuse and report from August 1996, claiming his legitimate rights and interests, and the time limit for applying for compensation has not expired. 4. The applicant submitted written evidence of transportation, accommodation, catering, lost time and other expenses.
Upon examination, on March 7th and 8th, 1996, the applicant of Wenren Road signed a facade lease contract with the former Changde Pastry Factory to rent the facade to operate the restaurant. On June 24th, 1996, Changde City Planning Bureau issued a Notice of Dismantling Temporary Buildings ([96] Chang Chenggui Jian Zi No.002) to the former Changde Pastry Factory on the grounds that the temporary fa? ade had exceeded the approval period and the municipal government decided to build Wanqi overpass, which would affect the municipal engineering construction, requesting the former Changde Pastry Factory to dismantle the fa? ade within a time limit. On July 2nd, the former Changde Pastry Factory informed the applicant in writing to remove the facade, and the facade was removed at the end of July. The applicant thinks that the former Changde Pastry Factory is an organization entrusted by the former Changde Municipal People's Government, and its act of renting out the expired temporary buildings to the applicant and forcing the applicant to dismantle them belongs to a specific administrative act, which infringes on the legitimate rights and interests of the applicant, so it applied for administrative compensation in 20 1 1 year 1 month 65438+7 years.
According to Articles 4 and 7 of the State Compensation Law of People's Republic of China (PRC), the scope of administrative compensation is: if the administrative organ and its staff, organizations or individuals entrusted by the administrative organ infringe upon the legitimate rights and interests of citizens, legal persons and other organizations when exercising the entrusted administrative power, the victims have the right to compensation. The Wuling District People's Government of Changde City (and the former Changde Municipal People's Government) did not authorize the former Changde Pastry Factory to exercise its administrative authority. The former Changde Pastry Factory did not commit any specific administrative act against the applicant illegally. The former Changde Pastry Factory leased the facade to the applicant and asked the applicant to remove the facade, which was a civil act and did not belong to the exercise of administrative authority. Second, the application time limit for humanities and talents has passed. According to the provisions of Article 39 of the State Compensation Law of People's Republic of China (PRC), the time limit for an applicant to claim state compensation is two years, counting from the day when he knows or should know that the state organs and their staff members' actions in exercising their functions and powers infringe their personal rights and property rights. The applicant's claim for compensation failed to be submitted to this organ within the limitation period, so this case has exceeded the limitation period for compensation.
To sum up, according to the provisions of Articles 13 and 14 of the State Compensation Law of People's Republic of China (PRC), this organ has decided not to compensate the application for administrative compensation for humanities talents. If the applicant refuses to accept this decision, he may bring a lawsuit to the people's court within three months from the date of this decision.
March 2(nd)
Fan Wener's decision not to pay state compensation
Claimant Wang? , unemployed.
People's Court of Wucheng District, Jinhua City, organ liable for compensation.
The legal representative is Zhang Yongwei.
Entrusted agent Fang Ming.
Entrusted agent Bao Dajin.
Claimant Wang? On September 23, 20 14, he applied to the people's court of wucheng district, Jinhua city for compensation from Wang. After being detained for 376 days, he paid 75,459 yuan for infringement of personal freedom, 600,000 yuan for mental damage compensation and 675,459 yuan for various losses. After examination, the People's Court of Wucheng District of Jinhua City made the State Compensation DecisionNo. [20 14] on No.20 1, holding that Wang? After the intentional injury case was sent back for retrial in the second instance, the prosecution was withdrawn, the case was withdrawn, and the case was dismissed because the criteria for determining minor injuries changed. After being appraised according to the new standard, Wang? Intentional injury is obviously minor and harmless, and it is not considered a crime. According to Item (3) of Article 19 of People's Republic of China (PRC) State Compensation Law and Item (1) of Article 15 of People's Republic of China (PRC) Criminal Procedure Law, the state is not liable for compensation. Accordingly, the judgment rejected the plaintiff Wang? State compensation request, no compensation. Wang? On February 5th, 20 14, he refused to accept the decision, and filed an application for compensation with the Compensation Committee of our hospital, demanding that the state compensation decision made by the People's Court of Wucheng District of Jinhua City be revoked, and the People's Court of Wucheng District of Jinhua City would pay the compensation caused by the wrong judgment. After being detained for 376 days, the state compensated 75,459 yuan, as well as spiritual comfort and various losses of 600,000 yuan.
Date, year and month
Fan Wensan's decision not to compensate the state
Claimant for compensation: Tang Fuming, male,/kloc-0, born in July 1949.
Tang Fuming, the claimant of compensation, applied to our hospital for state compensation on May 1 1, 2065438.
After examination, our hospital believes that the limitation for the claimant to claim state compensation is two years, and the claimant Tang Fuming has been detained for more than two years. In accordance with the provisions of Article 9 of the Provisions of the Supreme People's Court on the Filing of State Compensation Cases, the decision is as follows:
Tang Fuming's application for state compensation will not be accepted.
If you refuse to accept this decision, you may apply to the Compensation Committee of Anyang Intermediate People's Court of Henan Province for a compensation decision within 30 days from the date of service of this decision.
May 17
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