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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351790.shtml

Terrestrial wildlife, Anhui Province, causing personal injury and property damage compensation (April 1, 2011 Anhui Province Government 73rd times Executive Conference considered through May 13, 2011 Anhui Province Government makes No. 234, announced since July 1, 2011 up purposes) first article to guarantees units and personal for protection land health wildlife caused personal hurt, and property loss law enjoys government compensation of right, according to People's Republic of China wildlife protection method, and People's Republic of China land health wildlife protection implementation Ordinance, legal, and regulations, combined this province actual,

    These measures are formulated.

Second, within the administrative region of this province, determines compensation terrestrial wildlife in the province (hereinafter referred to as the wildlife) caused personal injury, property damage, the victim or his or her close relatives can apply for compensation in accordance with these measures.

    Wildlife range in these measures, determined by the provincial Department of forestry administration and announced to the public.

    The third people's Governments at various levels shall strengthen the management of wildlife resources, organizing all forces of society to protect wildlife habitat, and to take measures to prevent and control wild animals can cause hazard to protect personal and property safety.

Fourth provincial forestry administrative departments in charge of guidance and supervision within the administrative area of the wildlife damage compensation.

City and county administrative departments of forestry is responsible for the damage caused within the administrative area of wildlife identification, verification and compensation work.

The people's Government above the county level, finance, civil affairs, agriculture, health, public security, human resources and social security administrative departments concerned, shall, in accordance with their respective responsibilities, to compensation for damage caused by wildlife.

    The township (town) people, neighborhood offices shall do wildlife damage investigation, villagers ' committees and residents ' Committee with the related work.

Article fifth forestry administrative departments of the people's Governments above the county level shall take effective measures, prevention and control of damage caused by wild animals can, and do the following:

(A) the organization carrying out the investigation on species resources of wild animals, developing preventive measures;

(B) the setting of warning signs, publicity Handbook, using TV, radio and other news media in wildlife protection laws, regulation and protection, and protection;

(C) organize training on biological habits of wild animals and the protection technologies such as content;

    (D) to study and use the prevention and control of wildlife technologies, measures that could cause damage, systematic hunting of wildlife such as wild boar.

Article sixth wildlife cause personal injury, property damage, any of the following circumstances, the Government compensated:

(A) bodily injury to or decease of a citizen;

(B) in the legally demarcated production plant in the region of crops and caused great damage to the economic trees;

(C) to captive animals cause severe injury or death;

    (D) the forestry administrative departments of the people's Governments above the county level found in other circumstances.

Article seventh wildlife cause personal injury, property damage, any of the following circumstances, the Government without compensation:

(A) the active attack or deliberate harm to wildlife, causing bodily harm or death;

(B) tease wild animals, causing bodily harm or death;

(C) illegal hunting, causing bodily harm or death;

(D) in the legally demarcated planted outside the region of production and management of crops and economic trees causing damage;

(E) non-captive animals causing injury or death;

(Vi) recognized by the forestry administrative departments of the people's Governments above the county level are not compensated in other circumstances.

    Domestication and breeding, transportation, wildlife escape causing bodily injury and property damage from domesticated, transport units or individuals shall bear civil liability.

Article eighth wild animals cause personal injury, property damage, which belongs to the circumstances as provided in article sixth of this approach, the victim or his or her close relatives demanding compensation for personal injury or property loss compensation, should rescue, 30th after treatment or suffered damage to property located within the 15th of township (town) people's Government, or claim the subdistrict office.

Claims include the following:

(A) the victim's name, sex, age and residential address units applied for, and shall set forth the name, address and the main person in charge's name and position.

    (B) the specific facts, and reasons for the damage.

    Nineth Township (town) people's Governments or neighborhood offices shall, from the date of receipt of the application for compensation within the 5th and cause personal injury or property damage to the wildlife survey, preliminary comments, and claim-related materials and preliminary processing together with the city and county administrative departments of forestry. Tenth Article city, and County Government forestry administrative competent sector should since received compensation application related material and preliminary processing views of day up 10th within, according to specific situation organization this level government financial, and home, and agricultural, and health, and police, about administrative competent sector for verified confirmed, proposed compensation or not compensation of views, written notification applicants, and will views in this sector website and damage behavior occurred to village Committee or neighborhood publicity.

Publicity for 7th. Public notice period, the public disagrees with the content, can contribute to the city and County Administrative Department in charge of forestry.

City and County forestry administration departments shall organize investigation and verification in the 7th. Expiry of the publicity, no opposition or dissent is not established, should be compensated, by city and county administrative departments of forestry compensation decisions, financial administrative departments under the people's Governments at the same level of compensation decided to one-time compensation fee to applicants in a timely manner.

For timely payment of compensation fee, applicants, life is truly difficult, compensation fee of advances may be part, in accordance with the decision at the end of the full amount to settle. Work identification of the needs, the municipal and County departments of Forestry Administration commissioned a set of city-level work competency expertise on work undertaken by the Commission conclusions.

    Appraisal period not included in the above period.

11th compensation for personal injury or property damage caused by wildlife, calculated according to the following criteria: (A) causing bodily harm but not incapacitated, reduction in pay 80% of actual medical expenses and loss of income.

Delays reduced income in accordance with the location of city and County employees for the last year the average daily calculations. (B) partial or full loss of capacity to work caused physical, actual medical expenses and to pay compensation.

Compensation determined in accordance with the degree of incapacity, partial loss of working capacity, up to where cities and counties last year 4 times times the average wage of workers; total loss of working capacity, up to where city and County 8 times times the average wage of workers for the last year. (C) cause death, pay for actual medical expenses, funeral expenses and compensation.

Seat of the total compensation, funeral expenses for city and County on 10 times the annual average wage of workers.

(D) cause to crops or economic loss of trees, where the amount of loss in accordance with the verification and city and County annual crops or the class of economic forest on the average market price, compensation for loss of 60%.

    (E) causing poultry and livestock injuries, compensation for actual cost of treatment 50%-70%, 50% maximum amount does not exceed the market price of the poultry and livestock, causing deaths of poultry and livestock, in accordance with 60%-80% in the poultry and livestock market compensation.

    Article 12th wildlife damage suffered, resulting in death or incapacity, resulting in difficult family life, can to local city and county governments for home administrative competent authority for assistance. 13th compensation for personal injury or property damage caused by wildlife, inclusion of provincial, city or county budgets, in accordance with the financial management system by each of the provincial, city or County financial burden 50%.

Financial bear part, examined by the provincial Department of forestry administration for compensation funds, after Department of the provincial governments for the financial administration of the validation provisions.

    The people's Government above the county level financial, audit the competent administrative departments shall wildlife cause bodily injury or property loss compensation for the use of oversight.

    Article 14th making false claim compensation from city and county administrative authorities shall order the return constitutes a crime, criminal responsibility shall be investigated according to law.

    15th executive staff in terrestrial wildlife causing bodily injury and property loss compensation, violations shall bear disciplinary responsibility, in accordance with the regulations on the punishment of civil servants of administrative organs and other relevant provisions of sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 16th article of the rules take effect on July 1, 2011.