Public Security Organs For National Compensation Program Provides

Original Language Title: 公安机关办理国家赔偿案件程序规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398565.shtml

Public security organs for national compensation program provides

    (April 7, 2014 the Ministry of public security to 130th, published since June 1, 2014) directory

   Chapter I General provisions

   Chapter II admissibility

   Chapter III review of decisions

   The fourth chapter of criminal compensation review

   The fifth chapter Executive

   The sixth chapter liability

    The seventh chapter by-laws

    Chapter I General provisions

    First in order to regulate the public security authorities for State compensation cases, guarantee the right of citizens, legal persons and other organizations have the right to State compensation in accordance with law, promote public security organs and the people's police shall exercise their powers under the People's Republic of China on State compensation law and related laws and regulations, this provision is enacted.

Article public security organs and the staff member's terms of reference violate citizens ' legitimate rights and interests, legal person or other organization, causing damage, the public security organ for compensatory obligations.

Police station, an independent subject of law enforcement of public security organ within the institutions and their staff of the circumstances prescribed in the preceding paragraph, belongs to the public security organ for compensatory obligations.

    Detention center, detention, supervision of detention places and compulsory isolation rehabilitation staff with the provisions of the first paragraph, the competent public security organ for compensatory obligations.

Third organ under compensatory obligations, public security organs at a higher level for reconsideration of criminal compensation.

    The Ministry of public security organ under compensatory obligations, reconsideration of criminal compensation for the Ministry of public security.

Fourth public security organs ' legal departments at or above the county level shall be work of public security organs of the State compensation Department, shall perform the following functions:

(A) receive applications for State compensation under initial review;

(B) the review of applications for State compensation, compensability of views expressed;

(C) review the claimant for payment of State compensation applications, review of the organ under compensatory obligations to pay compensation for expenses inadmissibility decisions;

(D) cases of criminal compensation for reconsideration;

(E) participate in court cases of State compensation activities;

(Vi) compensation for recovery costs;

    (VII) shall perform other duties.

Fifth related departments of the public security organs shall, in accordance with the Division of responsibilities, together with the Legal Department of the State compensation work.

Law enforcement departments should work with this level of handling cases involved Government departments on the merits of the legal system, timely State compensation for the case-related activities and relevant evidence, participate in court cases of State compensation activities.

Petition of claims for State compensation in the sector of the petition, advise the complainant through State compensation programs request compensation according to law.

Wing door enforcing discipline in the activities covered by the national compensation survey, put forward opinions, receive appeal against the disposition of complaints.

Audit supervision and State compensation cases in connection with the disposal of property and compensation payments.

    Equipment finance department is responsible for the payment of State compensation to a financial authority application, pay to the claimant the financial institutions paid State compensation will recover State compensation costs turned to the financial institution.

    Sixth public security organ handling cases of compensation should stick to seeking truth from facts and mistakes must be corrected, the principle of compensation according to law, fair and efficient. Article seventh superior public security organ supervising, directing subordinate public security organs in accordance with the law on State compensation cases.

    Found lower-level public security organs of State compensation cases or administrative, handling criminal law enforcement activities is definitely incorrect, should be corrected or ordered to subordinate public security organs to correct; the claimant reflect the subordinate public security organs handled in violation of the law of State compensation cases, should investigate and inform the claimant survey results.

    Chapter II admissibility

Article eighth claimant applied for State compensation, the following documents shall be submitted:

(A) the application for compensation, set out the basic situation of the victim, compensation requests, fact and reason, the date of application, and be signed by the claimant, a seal or NA fingerprints;

(B) the identity documents of the claimant, the claimant is not the victims themselves, victims should be provided with proof of relationship; the claimant on whose behalf the agent compensation claims, power of attorney should be submitted, as well as the agent and the agent's identity; the agent as a solicitor, lawyer's practice certificate shall submit a copy of the letter of introduction from a law firm;

(C) prove that claims relating to detention, administrative punishment and administrative compulsory measures or related processing of notices, decisions, legal instruments such as certificates of release or other material;

(D) proof tort damage and extent of legal instruments or other materials.

The claimant cannot be prior to the submission of the third, the fourth legal instruments or materials listed, you can explain the situation, receive applications relating to the Police Department of Legal Affairs shall be recorded. Claimant, there is difficulty in writing, may apply orally to the Police Department of Legal Affairs.

    Police Department of Legal Affairs shall make the State compensation application notes for oral, signed by the claimant after the confirmation, a seal or NA fingerprints. Nineth Legal Department receives a written application for compensation of the public security organs, should be registered.

The claimant to submit the written application for compensation, public security organs Department of Legal Affairs shall present the application receive vouchers for State compensation, and dated, sealed by the public security organ or the Special seal of State compensation. Other departments of the public security organs receiving a written application for compensation shall be registered and transferred to the Police Department of Legal Affairs within 24 hours.

The claimant submitted in person orally or apply for compensation, shall immediately inform the claimant submitted or offered to the Police Department of Legal Affairs. Compensation application materials are incomplete or unclear, level shall be subject to the approval of the head of the Legal Department of public security organs, on the spot or from the date of receipt of the application for compensation made in the 5th the State compensation application notice of correction once informed the claimant need of correction note entire contents.

    Time of receipt of the application from the date of receipt of the correction material calculations.

Tenth claim has any of the following circumstances, approved by the level head of the public security organs inadmissible:

(A) the claimant did not have the qualification;

(B) the authority is not the organ for compensatory obligations;

(C) claims for matters outside the scope of State compensation;

(D) more than request the limitation and without justified reasons;

(V) handling compensation cases could not be determined whether the public security organs shall be liable for infringements of State liability, need to be based on the outcome of other cases, and in other cases before the Court;

(Vi) claims have been legally inadmissible, reject, terminate or whether compensation decisions, the claimant requests compensation based on the same facts again without proper reason. Apart from the provisions of the preceding paragraph, the application for compensation, approved by the legal department head level public security organs, is admissible.

Found after accepting one of the circumstances set forth in the preceding paragraph, approved by the level head of the public security organs, is rejected.

    Decided to accept, inadmissible, and dismissed the application for compensation shall be from the date of receipt of the application making the State compensation application acceptance notice within the 5th and the notice shall not accept an application for State compensation, the State compensation application rejection notice.

    Chapter III review of decisions 11th public security organs Department of Legal Affairs shall decide to accept an application for compensation within 3rd day of making the notification of submission of State compensation cases, enforcing departments covered by the notification, and be accompanied by copies of State compensation application form and related materials.

    Implications of enforcing departments shall, after receipt of the notification within the 10th provides case-related activities, related evidence and other relevant material.

Article 12th has accepted the application for compensation, the public security organs Department of Legal Affairs shall identify the following:

(A) the existence of State indemnity law of damages and damages;

(B) damage is caused by public security organs and the staff member's terms of reference;

(C) the duration of the infringement and the extent of the damage caused;

(D) whether the legal situation of the State does not assume liability;

(E) other matters should be identified.

    Public security legal departments when reviewing the items of the preceding paragraph, the compensation request claim with facts, evidence and reason, case involved in the investigation and enforcement measures or administrative penalties such as legality, should be combined with a case, to conduct a comprehensive review.

13th deals with cases of compensation for mental damage, should focus on the identification of the following:

(A) the existence of the State compensation law article or article 17th Act of infringement;

(B) whether damages caused;

    (C) infringement of personal rights there is no causal relationship between the Act and damages.

14th in cases of infringement of citizens ' personal rights, should review the following evidence:

(A) the diagnosis, health care cost-recovery credentials and proof of the care, rehabilitation and follow-up treatment;

(B) the certificate of death or disability, partial, total loss of working capacity of expert opinion;

(C) loss of revenue, unit proof of absence, medical proof of diagnosis of rest;

(D) the victim's death or total loss of working capacity, the upbringing of minors and other persons with no capacity to work on the situation and said there is no proof of the maintenance obligations of other people;

(E) the legality of public security organs and people's police authority and damage results there is no evidence of cause and effect;

    (F) other relevant evidence.

Section 15th of the cases of violations of property rights of citizens, legal persons or other organizations, should review the following evidence:

(A) the fine, rescission of a license or permit, order to suspend production or business, legal instruments on administrative punishments such as confiscation of property and other evidence;

(B) the sealing up, distraining, freezing, seizure, recovery of legal instruments and other measures, recording videos and other evidence;

(C) have been damaged, destroyed or lost evidence, auction or sale of property prices;

(D) suspend production during the necessary evidence of recurrent expenditure;

    (V) other relevant evidence.
Article 16th through administrative reconsideration, litigation and other means to correct or confirm cases of violations, the claimant applied for State compensation for offences, collect relevant evidence in the preceding procedures identified by the review and can be used as evidence of State compensation cases.

    17th public security organs Department of Legal Affairs considers it necessary, can contribute to the case involved departments and staff surveys to verify the situation and collect relevant evidence, hearing the views of the claimant.

    Law enforcement cases and staff involved shall cooperate with the investigation and evidence gathering.

18th claim has any of the following circumstances, approved by the legal department head level public security organs, to discontinue consideration of:

(A) as a civic incapacity of the claimant, legal representative has not been determined;

(B) as claims of citizens whose whereabouts are unknown or is declared as missing;

(C) as the claimant's death, his heirs or other maintenance relationship with relatives has yet to indicate whether they participate in the compensation case processing;

(D) as a compensation for the claimant's termination of legal person or other organization, person succeeding to its rights and obligations has not been determined;

(E) the claimant can not due to causes of force majeure, during the term of State compensation cases handled cannot participate in the handling of cases;

(F) is intended to make compensation decisions, but on the national annual average wage of staff and standards have not yet been released.

Discontinue consideration of cases is eliminated, and approved by the legal department head level public security organs and restore review in a timely manner.

    Suspension review and resume review shall be made on the notice to discontinue consideration of an application for State compensation, the State compensation application recovery notice of review.

19th claim has any of the following circumstances, approved by the level head of the public security organs, end of review:

(A) as compensation for the claimant's death without an heir and other relatives in a dependent relationship, or the claimant's heirs or other maintenance relationship with relatives to give up claims of rights;

(B) the claimant after the termination of the legal person or other organization, its successor waived the right to reparation for rights and obligations;

(C) the claimant to claim a dismissal of the case decided not to prosecute a decision or verdict is revoked;

(D) in State compensation before the decision was made, the claimant requested in writing to withdraw applications for compensation, following a review, for the claimant the true will, subject to laws and regulations, without prejudice to the legal rights of the State, a collective or another person;

(E) the need to end the review of other cases.

    End review of the circumstances prescribed in the preceding paragraph shall have within 10th of making State compensation applied for the termination of decision under review.

Article 20th there is infringement, should be for State compensation in accordance with law, in ascertaining the facts, on the basis of clearly defined responsibilities, in accordance with the State compensation law the provisions of the fourth chapter, and the claimant compensation and negotiate the amount of compensation, compensation projects, and consultation on record. Compensation consultations should follow the principle of voluntary, legally.

    Consensus shall be according to the consultation results compensation decisions; the claimant refused to negotiate, or cannot reach an agreement through consultation, and shall make compensation decisions.

Article 21st has accepted the application for compensation, approved by the level head of the public security organs, and make the following decisions:

(A) requesting compensation for violations of the facts clearly, compensation shall be made, and shall make compensation decisions;

(B) requested compensation for violations of truth does not exist, no compensation law decision.

    Compensation or no compensation decisions should be made within two months from the date of receipt of the application for State compensation decisions. 22nd violations of citizens ' personal freedom, daily compensation for damages in accordance with the decisions of the countries annual workers ' day on the average salary calculation.

    Restricting freedom of the coercive measures taken, less than one day, calculated according to the day. Article 23rd claimant apply for mental damage compensation, State compensation decision shall set forth the spiritual damage in liability.

Bear the liability of spiritual damage, shall set forth the elimination, rehabilitation, apology and commitment; the serious consequences are caused moral damage, payment of compensation of spiritual damage in accordance with law, shall specify the amount of spiritual damage compensation.

    Laws and regulations expressly provided for moral damage compensation, the provisions of applicable laws and regulations; does not specify, the amount of spiritual damage compensation can refer to the civil right infringement spirit damage compensate the relevant provisions, according to the degree of fault, if the circumstances of tort, harm, local average living standards and other factors.

    24th may apply for administrative reconsideration request administrative compensation when, no compensation decision of the administrative body for reconsideration shall be indicated in the administrative reconsideration decision, and explain the reasons decided that compensation, administrative reconsideration decision set out in the specific forms of reparation, compensation projects, and the amount of compensation, or make written decision of administrative compensation separately.

    The fourth chapter of criminal compensation review

25th reconsideration of criminal compensation the applicant shall submit the following materials: (A) the application for reconsideration.

Containing the victim's basic situation, the reconsideration request, facts and reasons, application deadlines, and be signed by the claimant, a seal or NA fingerprints;

(B) the claimant's identity documents;

(C) the application for compensation submitted to the organs under compensatory obligations;

(D) the compensation obligation of the compensability of the decision;

    (E) the compensation obligation fails to make a decision, evidence to prove organ under compensatory obligations received applications for compensation.

Article 26th reconsideration applications has the following circumstances of criminal compensation, approved by the level head of the public security organs inadmissible:

(A) the claimant did not have the qualification;

(B) application within the statutory review period, and there is no justification;

(C) the applicant does not apply for State compensation to the organs under compensatory obligations;

(D) the organ under compensatory obligations not decision on whether compensation is made within the statutory time limit;

(E) the reconsideration of the application for reconsideration made by law inadmissible, termination or the reconsideration decision, the claimant based on the same application on the facts once again without proper reason.

Receiving the application for reconsideration is not a reconsideration of public security authorities, approved by the legal department head level public security organs, inform the claimant presented to the administrative body. Apart from the circumstances prescribed in the first and second paragraphs, and receiving the application for reconsideration shall be approved by the legal department head level public security organs, is admissible.

After accepting circumstances prescribed in the first paragraph and the second paragraph is found in one of the approved by the level head of the public security organs, is rejected.

    Reception, inadmissible, reject the application for reconsideration should be produced within the 5th from the date of receipt of the application for reconsideration, the reconsideration application for criminal indemnification acceptance notice and the notice of reconsideration application was inadmissible for criminal indemnification and the criminal compensation application for reconsideration, notice of rejection. 27th the organ under compensatory obligations and the claimant voluntarily before the reconsideration decision to reach a settlement, the claimant applied to the reconsideration of withdrawal of an application for reconsideration, reconsideration should be reviewed.

    Reconciliation for real willingness on both sides, subject to laws and regulations, without prejudice to the legal rights of the State, a collective or another person should be permitted to withdraw and put an end to examine the application for reconsideration.

28th body for reconsideration in accordance with voluntary organ under compensatory obligations, the principle of legitimate organizations to mediation with the claimant, and mediation cases on record. Reach agreement through mediation, the organ under compensatory obligations and claims in the administrative body under the auspices of the conciliation agreements signed, containing the mediation process and outcome, and be signed by the parties, a seal or NA fingerprints.

Mediation agreement signed, reconsideration should be made in accordance with the provisions of the reconsideration decision.

    The claimant or the compensation obligation does not agree to mediation, the mediation could not agree, or one person in front of a reconsideration decision made back in, the administrative body shall promptly make a reconsideration decision.

Article 29th has accepted the application for reconsideration of criminal compensation, approved by the level head of the public security organs, and make the following decisions:

(A) the original decision the facts are clearly ascertained damages, applicable law is correct, way, project, an appropriate amount of compensation, the law be maintained;

(B) the compensation decision finds that facts are not clear or error of law, revoked according to law, and decide whether the organ for compensatory obligations are compensable;

(C) the improper compensation decision, item, amount of compensation, in accordance with law changes;

(D) whether the compensation obligation fails to make compensation decisions, after ascertaining the facts decide whether the organs under compensatory obligations are compensable in accordance with law.

    Make a reconsideration decision within two months from the date of receipt of the application for reconsideration, reconsideration of decision making the criminal compensation.

    30th article compensation requests people on compensation obligations organ made of not accepted or end review criminal compensation application decided refuses to, up level police organ proposed objections, Shang level police organ think not accepted or end review decided improper of, can ordered compensation obligations organ law be accepted or continues to review compensation application, also can directly accepted and made compensation obligations organ whether should to compensation of decided; think not accepted or end review meet legal regulations provides of, should told compensation requests people.

    Reconsideration procedure specified in the 31st not covered in this chapter, reference to the provisions of the second and third chapters related provisions.

    The fifth chapter Executive

Organ under compensatory obligations 32nd executive compensation decisions in force as follows:

(A) the payment of the damages, managed by the equipment finance sector in accordance with the State Compensation Ordinance;

(B) the return or restitution of property, by the enforcing authorities involved in the 20th, and big, complex cases, approved by the level head of the public security organs, you can extend the 10th;

(C) causing mental harm, tort claimant within the influence of elimination, rehabilitation, apology, carried out by the head of the organ under compensatory obligations or liability or commissioned by the organs under compensatory obligations involved in enforcing departments to carry out.

    Departments shall report on the implementation of the legal system of public security organs volume for future reference.

    33rd financial institutions shall pay compensation to the organs under compensatory obligations, the organ under compensatory obligations in full, they shall be paid to the claimant, without delay, interception.

After the 34th national liability organ under compensatory obligations shall be in line with the State compensation law 16th, 31st recourse against the responsible of the damages provided for in article.
Recovery of the damages should be combined with a person's fault extent, determination of damage recover part or all of the damages, but it should be reserved for persons and their dependent family members is necessary for living expenses.

Persons not satisfied with the compensation obligation of recourse decisions, complaints to the level or the public security organs at a higher level.

    The sixth chapter liability

    35th organ under compensatory obligations against the rules to take compensation, relief and other forms instead of State compensation, the direct responsible personnel or other persons, shall, in accordance with the relevant regulations of criticism or punishment, the organ under compensatory obligations shall not be assessed in the annual law enforcement quality examination and appraisal for the best grades.

    Article 36th in State compensation cases handled in the process of enforcing the Department concerned does not provide relevant information, evidence and other relevant material, do not fit in or even obstruct the investigation or deliberately provides false evidence and cover up illegal facts, direct responsible personnel or other persons, in accordance with relevant regulations, criticism or punishment.

    37th organ under compensatory obligations without compensation decisions within the statutory time limit, or refusing to execute effective compensation decisions, reconsideration of decisions and court judgments, the direct responsible personnel or other persons, shall, in accordance with the relevant regulations of criticism or punishment.

    38th organ under compensatory obligations, criminal compensation review investigators in malpractices for personal gain, or retaliate against the claimant, or other malfeasance, dereliction, the direct responsible personnel or other persons, shall be disciplined in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    39th organ under compensatory obligations strictly in accordance with the statutory procedures for State compensation cases, and shall make compensation decisions, timely, fault of active law enforcement, annual law enforcement quality examination and appraisal can reduce or not the point; their responsibilities to cooperate with compensation investigation and evidence gathering, initiative to reduce losses and to restore affected, be mitigated or exempted from punishment.

    The seventh chapter by-laws 40th article of the provisions in the 3rd, 5th and 7th days.

Period expires on the last day of a holiday, and holidays during the first day after the expiration date.

    Matters involving special needs identified during the review of State compensation cases, identification of time not included in case processing time limit. 41st organ under compensatory obligations and criminal compensation for reconsideration in accordance with these provisions making legal documents should be served within 10th of the claimant.

    Could not be delivered to the claimant, is delivered to his agent or the person succeeding to its rights and obligations. 42nd article of the regulations come into force on June 1, 2014. The provisions established by the Ministry of public security before publishing the relevant provisions are inconsistent with this provision, these provisions shall apply.