According to the Measures for Criminal Compensation for Administrative Compensation by Judicial Administrative Organs, the scope and conditions of administrative compensation and criminal compensation include: Article 5 In the exercise of their functions and powers, the prison departments of judicial administrative organs and their staff members shall be given criminal compensation in case of any of the following violations of personal rights: (1) extorting confessions by torture or corporal punishment or maltreatment of criminals, resulting in personal injury or death; (2) Beating or instigating or conniving others to beat criminals, thus causing serious consequences; (3) Insulting a criminal and causing serious consequences; (4) Failing to release prisoners without justifiable reasons; (five) the illegal use of weapons, police equipment, martial arts, causing personal injury or death to citizens; (six) other illegal acts caused physical injury or death of prisoners. Article 6 When exercising their functions and powers, the reeducation-through-labor management office of the judicial administrative organ and its staff members commit any of the following violations of personal rights, they shall be given administrative compensation: (1) extorting confessions by torture or corporal punishment or maltreatment of reeducation-through-labor personnel, resulting in personal injury or death; (2) Beating or instigating or conniving others to beat reeducation-through-labor personnel, thus causing serious consequences; (3) Insulting reeducation-through-labor personnel and causing serious consequences; (four) the expiration of reeducation through labor, without justifiable reasons; (five) the illegal use of weapons and police equipment, causing physical injury or death of citizens; (six) other illegal acts caused physical injury or death of reeducation-through-labor personnel. Article 7 If the judicial administrative organ and its staff violate the property rights in any of the following cases when exercising their functions and powers, they shall make compensation: (1) Violating the law or making a wrong decision to revoke the lawyer's practice license; (two) illegal or wrong decision to order lawyers to stop practicing, and the law firm to suspend business for rectification; (three) illegal or wrong decision to revoke the notary's practice certificate; (four) illegal or wrong decision to order the notary office to suspend business or cancel the notary office; (five) in the management work, other illegal acts have caused property damage to citizens, legal persons and other organizations.
Legal objectivity:
Criminal compensation refers to the state compensation caused by wrong arrest, wrong arrest and wrong judgment of judicial organs. Articles 15 and 16 of the State Compensation Law stipulate the scope of criminal compensation: (1) wrongfully detaining a person who has no criminal facts or has no facts to prove that he is seriously suspected of committing a crime; (2) Arresting a person who has no criminal facts by mistake; (3) according to the procedure of trial supervision, the retrial is changed to innocence, and the original sentence has been executed; (4) extorting a confession by torture or causing physical injury or death to citizens by violent acts such as beating or instructing others to beat; (five) the illegal use of weapons and police equipment caused physical injury or death of citizens; (6) Illegal seizure, seizure, freezing and recovery of property; (7) 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. Article 18 of the State Compensation Law also stipulates several situations in which the state is not liable for criminal compensation: (1) citizens are detained or sentenced to punishment for deliberately making false statements or forging other evidence of guilt; (2) A person who is not criminally responsible according to Articles 14 and 15 of the Criminal Law is detained; (3) A person who is not investigated for criminal responsibility according to Article 11 of the Criminal Procedure Law is detained; (four) the personal behavior of the functionaries who exercise the functions and powers of state investigation, prosecution, trial and prison management, which has nothing to do with the exercise of their functions and powers; (5) Self-injury, self-injury and other intentional acts cause damage; (6) Other circumstances prescribed by law.