National compensation calculation standard

Author: Liu Yang
Publisher:
Publish Date: 2005-01-01
Features: On May 12, 1994, the seventh session of the Standing Committee of the eighth National People's Congress of the People's Republic of China passed the "Compensation Law of the People's Republic of China." This law came into effect on January 1, 1995. The promulgation and implementation of this law marked the formal establishment of the state compensation system, as well as an important step in implementing constitutional principles, safeguarding the legitimate rights and interests of citizens, legal persons, and other organizations, supervising and improving the work of state organs, and strengthening the legal system, all of which hold significant importance.
The concept of state compensation refers to the activities in which the state compensates for damages caused by the unlawful exercise of power by state organs and their staff. Any actions that infringe upon the rights of citizens, legal persons, and other organizations should be compensated, and the state is no exception. State compensation means that the state assumes the responsibility for the unlawful actions of its staff while exercising their duties. Due to its, the compensation standards for state compensation differ from those of general tort compensation.
State compensation is a responsibility assumed by the state, and the specific compensation obligations are fulfilled by the compensation-entitled agencies, which is known as "state responsibility, agency compensation." In terms of compensation scope, the state only bears compensation liability for a portion of the unlawful infringement actions by state organs and their staff. Therefore, state compensation is narrower than civil compensation and falls under limited liability. The methods and standards for calculating state compensation are also stipulated by law.
Chapter 4 of the "Compensation Law of the People's Republic of China" in China specifies the compensation methods and standards. According to the "Compensation Law of the People's Republic of China" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Compensation Law of the People's Republic of China," state compensation is mainly divided into three categories: compensation for the infringement of citizens' personal freedom, compensation for the infringement of citizens' rights to life and health, and compensation for the infringement of property rights.
The "Compensation Law of the People's Republic of China" and related laws and judicial interpretations provide relatively clear stipulations on the items and standards of state compensation. The standards and calculation methods described in this book are determined in accordance with these laws and judicial interpretations.