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The National Compensation Regulations

Original Language Title: 国家赔偿费用管理条例

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  People's Republic of China promulgated by Decree No. 589

The State compensation fund regulations adopted executive meeting of the State Council on December 29, 2010 the 138th, are hereby promulgated and, as of the date of promulgation.

Prime Minister Wen Jiabao, January 17, 2011

The first in order to strengthen the management of State compensation, guarantee the right of citizens, legal persons and other organizations have the right to State compensation in accordance with law, shall exercise functions of State organs, in accordance with the People's Republic of China on State compensation law (hereinafter referred to as the State compensation law), this Ordinance is enacted.

National compensation referred to in article II of the Ordinance refers in accordance with the provisions of the law on State compensation, should the cost of compensation to the claimant.

Third State compensation by the people's Governments at all levels in accordance with the financial management system of grading burden. Governments at all levels should be based on the actual situation, arrange a certain amount of State compensation, category of the annual budget.

When State compensation to be paid more than the annual financial budget of the same level should promptly allocate funds in accordance with regulations.

Fourth national compensation cost centrally managed by the financial Department of the people's Governments at all levels.

The management of State compensation should be subject to supervision according to law.

Article fifth claimant applying for payment of State compensation, shall make written application to the organs under compensatory obligations, and submitted with the application for the entry into force of the decision, and the reconsideration decision, compensation decision or mediation, as well as the claimant's identity.

Claimant application for writing is difficult, and may entrust drafting also orally, by the organs under compensatory obligations faithfully record, pay to the claimant the claimant checked or read and signed by the claimant confirmed. Sixth application materials are true and valid and complete, the organ under compensatory obligations received applications shall be accepted.

Organ under compensatory obligations to accept the application, it shall notify the claimant. Application materials are complete, the organ under compensatory obligations shall immediately or within 3 working days to inform the claimant needs correction of all materials. The claimant requested correction of the organ under compensatory obligations material, corrected material before the organ under compensatory obligations shall be accepted.

Not told to correct material, the organ under compensatory obligations received applications shall be accepted.

Application materials are false and invalid, the organ under compensatory obligations decided not to accept, shall notify the claimant in writing and state the reasons. Article seventh claimant disagrees with the decision of the organ under compensatory obligations shall not accept, from the date of receipt of the written notice on the 10th to the organs under compensatory obligations within a higher level application for review.

A higher authority shall within 5 working days from the date of receipt of an application for review a decision according to law. Made a mistake on the level it deems it inadmissible, shall make review decision within 3 working days from the date of notification compensation obligation accepted and informed the claimant.

Immediately after receipt of the notification, the organ under compensatory obligations shall be accepted.

Level being maintained on inadmissibility decisions, review decision shall notify in writing within 3 working days from the date the claimant and explain the reasons.

Eighth organ under compensatory obligations shall receive compensation payments from the date of application in the 7th, in accordance with the budget management permissions for writing to the relevant financial departments pay the application, and submit the following materials:

(A) the claimant requested payment applications for State compensation;

(B) the entry into force of the judgement, the written decision of the reconsideration decision, compensation, or mediation;

(C) the claimant's identity.

Nineth fiscal Department upon receipt of the application materials for the organ under compensatory obligations, should be dealt with separately according to the following conditions:

(A) application for State compensation in accordance with the budget of administrative rights do not belong to the financial sector pay, shall return the application materials within the 3 working days and notify the organ under compensatory obligations applying to the financial sector with administrative privileges;

(B) application materials comply with the requirements of the received applications shall be accepted, and notify the organ under compensatory obligations; (C) the materials do not meet the requirements of the application, shall, within 3 working days to inform all organs under compensatory obligations need to supplement materials.

The organ under compensatory obligations shall, within 5 working days all the correct materials in accordance with requirements, the financial sector received correction is accepted.

Article tenth of financial departments shall, from the date of acceptance of the application in the 15th, pay in accordance with the relevant provisions of the budget and Treasury management the national compensation.

Financial sector compensation projects, calculate standard violated provisions of the State compensation law, compensation decisions shall be presented or to its parent bodies that dealt with according to law, and to hold the officer accountable.

11th finance departments from the date of payment of State compensation within 3 working days to inform the organ for compensatory obligations, compensation claimant.

12th 16th organ under compensatory obligations shall, in accordance with the State compensation law, the provisions of article 31st, ordering the staff, was entrusted with the organization or individual with or recover part or all of the damages to the staff concerned.

The organ under compensatory obligations in accordance with the provisions of the preceding paragraph after the decision, it shall inform the relevant financial departments.

For staff, authorized organizations or individuals should be surrendered in accordance with revenue collection shall be liable for or recovery of State compensation.

13th organ under compensatory obligations, the financial sector and its staff of any of the following acts, in accordance with the financial regulations on penalties for offences shall be dealt with and punished constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) making, under false pretenses and other means of obtaining State compensation;

(Ii) violates the State compensation law of the range and standard implementation of national compensation for financial losses;

(C) does not pay State compensation in accordance with law;

(D) the interception, detention, diversion, misappropriation of State compensation;

(V) not in accordance with provisions of ordering the staff, was entrusted with the organization or individual State compensation or recourse against the State compensation to the staff concerned;

(F) fails to comply with the provisions should be borne or State compensation expenses paid in a timely manner the financial recovery. 14th article of the regulations come into force on the date of promulgation. National compensation measures promulgated by the State Council on January 25, 1995 repealed simultaneously.