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Terrestrial Wildlife, Anhui Province, Causing Personal Injury And Property Damage Compensation

Original Language Title: 安徽省陆生野生动物造成人身伤害和财产损失补偿办法

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Animal damage to the property caused by the land wildlife in the province of Anguéa

(Adopted at the 73th Standing Conference of the People's Government of Ankara, on 1 April 2011, No. 234 of the Order of the People's Government of Anguéa, dated 13 May 2011, for publication, effective 1 July 2011)

In order to guarantee the rights of units and individuals to be compensated by the Government for the protection of land-based wildlife, loss of property, in accordance with the laws, regulations and regulations of the People's Republic of China's Wildlife Protection Act, the People's Republic of China's Land Wildlife Protection Ordinance, and to develop this approach in conjunction with the province's practice.

Article II, in the administrative area of this province, determines that the land wild animals that receive compensation (hereinafter referred to as wild animals) cause bodily injury, loss of property, or that the victim or his close relatives may apply for compensation under this scheme.

This approach refers to the scope of wildlife, which is determined by the provincial government's forest administration authorities and made public to society.

Article 3. Governments at all levels should strengthen the management of wildlife resources, organize all aspects of society to protect the survival environment of wildlife, take measures to prevent and control the potential hazards of wildlife and to secure physical and property.

Article IV is responsible for the guidance and supervision of compensation for damage caused by wildlife in the current administration.

The forest administration authorities of the city, the communal government are responsible for organizing the identification, verification and compensation of damage caused by wildlife in the present administration.

The relevant administrative authorities, such as the financial, civil affairs, agriculture, health, public safety, human resources security, at the district level, should be compensated for damage caused by wildlife in accordance with their respective responsibilities.

The Government of the commune (communes) and the street offices should be able to carry out investigations of damage caused by wildlife, and the Villagers' Commission and the Residential Commission are working together.

Article 5

(i) Organizing research on wildlife species resources and developing preventive measures;

(ii) The creation of warning cards, the issuance of brochures and the use of media, such as television, radio, to promote legal, regulatory and protection of wildlife protection, protection knowledge;

(iii) Organizing training on elements such as wildlife biomass and protective technologies;

(iv) To study and integrate the use of technologies, measures and measures to prevent and control potential damage to wildlife, and to plan to protect wildlife, such as poles.

Article 6.

(i) The infliction of physical injury or death of citizens;

(ii) The destruction of agricultural crops and economic forests planted in areas controlled by law;

(iii) Injuring or dying of poultry livestock;

(iv) Other cases identified by the forest administration authorities of the Government of the people at the district level.

Article 7.

(i) proactive attacks or wilfully harm wildlife, causing bodily harm or death;

(ii) To provoke mammals, causing bodily harm or death;

(iii) Illegal hunting, causing bodily harm or death;

(iv) The destruction of agricultural crops and economic forests planted outside the area of production under the law;

(v) Acultaneous livestock produced in a non-sachronized sense caused injury or death;

(vi) Other cases of non-reimbursable compensation determined by the forest administration authorities at the district level above.

Recreation, transport of wild animals have fled to inflict physical injury and loss of property for all, and civil responsibility is vested in the law by reinduction, transport units or individuals.

Article 8. Wildlife inflicts physical injury, property loss, which is one of the conditions set out in article 6 of this scheme, victims or their close relatives require compensation for personal injury or property losses, and shall apply for compensation to the people of the location (communes) or to the street office within 30 days of the seizure, treatment or loss of property.

The application for compensation includes the following:

(i) The name, sex, age and place of the victim; the name, place and place of the head of the unit, as requested by the unit.

(ii) Specific damage facts, requirements and grounds.

Article 9. The communes (communes) or the street offices shall investigate the physical injury or property losses caused by wild animals within 5 days of the date of receipt of the request for compensation, provide preliminary responses and communicate the request for compensation to the relevant materials and the initial processing of views to the municipal, district and local forest administration authorities.

Article 10 The presentation was 7 days.

During the public statements, there was an objection to the content of the statements, which could be presented to the municipal, district-based government forest administration authorities. The forest administration authorities of the city, the people of the district, shall organize a survey verification within 7 days.

There was no objection or objection to be established, and compensation should be made by the municipal, provincial and national forest administration authorities, and the same Government's financial administration decided to grant a lump sum of compensation to the applicant in a timely manner, in accordance with the compensation. In cases where compensation payments cannot be paid in a timely manner and where the applicant's life is difficult, some compensation payments may be paid and the full amount of the compensation decision will be closed at the end of the year.

Work capacity needs to be identified, with the conclusion of the Commission on Labour Capacity Identification, which is entrusted by the municipal and district government forestry administration authorities to the establishment area. The period was not taken into account.

Article 11. Reimbursement for physical injury or loss of property caused by wildlife shall be calculated according to the following criteria:

(i) The loss of physical injury and the lack of labour capacity, the payment of 80 per cent of actual medical fees and the income reduced by misworkers. The income reduced by error is calculated at the average monthly salary of the local and district employees.

(ii) The payment of actual medical expenses and compensation payments resulting in the loss of physical or all of the labour capacity. The amount of compensation is determined at the level of loss of labour capacity, with a maximum of four times the average annual wage of the local, district-based employees; the total loss of labour capacity is eight times the average annual salary of the host city, district-based employees.

(iii) Death of persons, payment of actual medical expenses and compensation, funeral expenses. The total amount of compensation, funeral expenses is 10 times higher than the average annual wage of the employee in the city, the district.

(iv) The loss of agricultural crops or economic forests is reimbursed for 60 per cent of the losses in accordance with the average market price of the certified loss and location, the veteranium or the economic forest.

(v) As a result of injury to livestock, 50-70 per cent of the actual rate of treatment was compensated, with a maximum not exceeding 50 per cent of the household's price for avian livestock market; and for the loss of livestock from 60 per cent to 80 per cent of the livestock market.

Article 12 causes death or loss of labour capacity due to wildlife injury, which can be sought by law to the local and district authorities for the administration of civil affairs.

Article 13. Reimbursement for physical injury or loss of property by wildlife is included in the provincial, municipal or district financial budget and 50 per cent of the fiscal management system is covered by provincial, municipal or district finance. The Ministry's financial burden is partly due to the approval of the Ministry's Government's forestry administrative authorities to compensate the funds.

The financial, auditing and administrative authorities of the people at the district level should monitor the use of compensation for injury or property losses caused by wild animals by law.

Article 14. Restatements, instigation of compensation charges are returned by the authorities of the State of the city, the veterans of the State's forestry administration, which constitutes an offence and is criminally charged by law.

Article 15. Staff members of the executive branch shall be responsible for disciplinary action, in accordance with the relevant provisions, such as the Civil Service Disposal Regulations of the Administration, in the context of compensation for personal injury and property losses caused by land-based wildlife, and shall be held accountable under the law.

Article 16