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Terrestrial Wildlife In Tibet Autonomous Region, Causing Personal Injury Or Property Loss Compensation

Original Language Title: 西藏自治区陆生野生动物造成公民人身伤害或者财产损失补偿办法

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Land wildlife in the Tibetan Autonomous Region caused injury to citizens or damage to property

(Summit 5th ordinary meeting of the People's Government of the Tibetan Autonomous Region, held on 19 May 2010 to consider the adoption of Decree No. 95 of 24 May 2010 by the People's Government Order No. 95 of the Tibetan Autonomous Region, as of 1 July 2010)

In order to compensate citizens for the damage caused by land wildlife protected by national and autonomous areas (hereinafter referred to as wildlife) and to develop this approach in the light of the People's Republic of China Wildlife Protection Act, the People's Republic of China Land Wildlife Protection Regulations.

Article II. Activities in administrative areas of the self-government area that cause bodily harm or damage to property require compensation.

Article 3

In accordance with their respective responsibilities, the Government of the above-mentioned population monitors, civil affairs, land resources, environmental protection, rural and urban construction, agricultural pasture, health, audit, prices, statistics, etc. should assist in the compensation of natural harm and property losses caused by wildlife.

Article IV. Victims may apply for compensation in accordance with this approach, where they cause injury to their citizens and loss of property.

(i) inflict physical injury or death on citizens engaged in normal production;

(ii) Deaths of livestock in areas where pastures, forests or senshrines can be abandoned;

(iii) Damages caused by crops, economic crops and economic forests that have been planted in the context of production operations by law;

(iv) Damage to family property, such as homes, furniture, livestock circles.

In addition to the preceding paragraph, wildlife caused injury to citizens, loss of property and was not compensated.

Article 5. Wildlife causes compensation for the physical injury of citizens, who have been victims, within 10 days of the date of medical treatment or 15 days from the date of death, may submit compensation requests to the Village (resident) Committee and provide relevant certificates of diagnosis, illness, hospital rescue and invoices for medical institutions above the commune.

The victim was harmed in different places, and the applicant should also submit the relevant proof of the damage caused by the National Committee of the Village (HLM), which should be reviewed and confirmed by the Government of the people of the country where the damage occurred.

Article 6. Wildlife caused the death of livestock or caused the destruction of family property, such as crops, economic crops, economic forests or the destruction of homes, furniture, livestock circles, etc., and victims or stakeholders should submit, within 7 days of the date of their knowledge, compensation requests to the Village (resident) People's Committee to provide the types, quantity of property damaged, and to submit relevant evidence, such as photographs, videos or an informed human testimony.

Article 7. The Village (HL) National Commission shall, within 10 days of the receipt of the applicant's compensation request, be assigned to the field to investigate the damage, obtain the corresponding evidence and make a decision on admissibility. The findings are consistent with the relevant testimony or presentation provided by the applicant and should be completed in the application of the compensation form and sent to the commune (communes) Government or the street office. The results were not substantiated or presented incompatible with the relevant evidence provided by the applicant and were communicated to the applicant. The applicant's decision inadmissibility of the Village (HL) Committee may submit a request for compensation directly to the commune (commune) Government or the street office within 5 days of the date of receipt of the decision.

The application for compensation form should include the name of the victim, the place of residence, the effective identification, the time and place of the damage, the specific losses caused, the views of the village (resident) Committee, and the contents of the custodian.

The Government of the commune (communes) or the street office shall, after having received a request for compensation submitted by the Village (HLN) Commission or directly submitted by the victim, arrange more than two investigators to investigate the damage.

The verification process must be objective, impartial and accurate. Victims and their stakeholders should assist in the investigation and provide the corresponding evidence. The investigators should be given a survey note to complete the survey registration form.

The findings are consistent with the content of the application for compensation form or the request submitted directly by the applicant, which shall be admissible and shall be made public in the event of damage to the local village (communication); inconsistency shall apply for a compensation form or a request submitted directly by the applicant to return to the village (resident) or the applicant, with written reasons.

Article 9 The presentation was seven days.

Article 10 has not been contested, and the communes (communes) or street offices should apply for the compensation form within 15 days, the investigation of the registration form, the relevant documentation sent to the territorial Government's forest administration authorities.

During the public statements, the communes (communes) or the street offices should investigate the content of the objection within 10 days of the date of the objection. The content of the objection is true and the request for compensation, either directly submitted by the applicant, should be returned to the village (resident) or to the applicant; the applicant's direct submission should also be informed of the local village (resident) committee. The content of the objection is incompatible with the findings of the investigation verification, and should be reported on the survey of the objection, and the application of the compensation form, the investigation report, the survey of the content of the objection, the relevant material, etc., should be sent to the territorial Government's forest administration authorities.

Article 11. Wildlife caused the destruction of crops, economic crops and economic forests, and the Government of the communes (communes), street offices, in addition to the decision to verify admissibility pursuant to article 8 of this approach, should also establish a victim's loss file without regular knowledge of changes in victim losses. The Government of the commune (communes), the Office of the streets, on the basis of the lack of regular knowledge of the damage and the loss of agricultural crop harvests or economic crops, economic forest harvests, the amount of actual compensation was drawn up within 10 days and, in accordance with article 9, article 10, of the present approach, the executive authority of the government of forestry.

Article 12

It is clear and substantiated to the fact that the facts are found to be poor, the number of losses is large or complex, and that specialized persons should be organized to re-examine the verification of the local village (habitation), the commune (commune) Government or the street offices. It was verified that the application for compensation was consistent with the facts and should be confirmed; the application for compensation was incompatible with the facts and should be reimbursed to the Government of the applicant (communes) or to the street office, with written reasons.

Reimbursement requests for recognition by the forest administration authorities at the district level should be promptly reviewed by the same-ranking government financial authorities.

Article 13 In accordance with the requirements, the Government of the People (commune) or the street office of the applicant should be allocated in a timely manner to the commune (communes) of the commune (communes) where the compensation is not required, and the compensation should be returned to the same-level Government's forest administration and the written justification.

Once a request for compensation for return from the same level of financial authority has been received by the PAPU, verification should be carried out in accordance with the provisions of this approach.

Article 14. The Government of the People's Government or the Street Office shall, within 15 days of receipt of the compensation paid by the district-level financial authorities, pay a one-time and full payment to the applicant.

Article 15 The financial authorities at the district level should include compensation for injury to citizens, loss of property in the financial budget and apply the principle of a dedicated and sub-sector burden. The proportion of the burden is implemented in accordance with 60 per cent of the self-government sector, 30 per cent of the capital (community), 10 per cent of the Territory's finance.

More than treasury financial authorities should disburse to district-specific accounts at 80 per cent in the first quarter of each year, in accordance with the total amount of compensation actually incurred in the previous year by the PAH. Unutilized, the next year was used; inadequate parts, the financial authorities at the district level were supplemented by the proportion of the burden set out in this approach.

Article 16

Article 17 Specific compensation criteria for civil injury and loss of property caused by wildlife are developed by the Government of the Autonomous Region's Forestry Administration in conjunction with the financial authorities and implemented after the approval of the Government of the people of the Autonomous Region.

Article 18 Applications for compensation form, the registration form of the investigation is compiled by the Government of the Autonomous Region's Forestry Administration.

Article 19 communes (communes), the Government of the People's Republic, the Street Office and the territorial Government's Forestry Administration, the financial authorities should establish the file of compensation for physical injury and property damage caused by wildlife. Reimbursement files should include requests for compensation, checklists for investigation, content, relevant documentation, etc.; the communes (communes) and the street offices should also include the content of the applicant's payment.

Article 20, any unit or individual who has found violations of the provisions of this approach, may report or prosecute to the forest administration authorities, the financial authorities, the inspectorate, the audit department and the relevant departments at the district level. Departments that receive reports or charges should be processed in a timely manner and inform the reporting person or the accused of the results of the investigation.

More than the people at the district level, the forest administration authorities, the financial authorities, the inspectorate, the audit department should make public reports of telephones, contact addresses and e-mail addresses.

Article 21

Article 2 quantifies the applicant's fees for the recovery of compensation in a timely manner by the forest administration authorities at the district level above; in the case of serious circumstances, the amount of compensation requested is five times the fine, with a maximum of $20,000.

Article 23 of the Village (High) is the Head of the People's Committee, who is in no position to pay the communes (communes), the street offices for the payment schedule, deducting the six-month compensation paid by the State; and, in the event of a serious nature, it is recommended that the village (resident) conference be removed from the seat of the National Commission.

Article 24 State organs and their staff members violate the provisions of this approach by providing administrative disposal to the principal and direct responsible persons in accordance with the law, and by the transfer of criminal suspects to the judiciary:

(i) The verification of physical injury, damage to property and the payment of compensation for wild animals, in accordance with the time frame set out in this scheme;

(ii) To assist others in restatements and instigation payments;

(iii) The failure to perform the duties of the work, resulting in the payment of compensation;

(iv) Consistency, corruption and misappropriation of funds.

Article 25 violates the provisions of this approach, and other laws, regulations and regulations have been penalized and disposed of them in accordance with their provisions.

Article 26 The provisional approach to compensation for personal injury and property damage caused by land wildlife in the Tibetan Autonomous Region, issued on 12 January 2006 by the People's Government of the Autonomous Region, was repealed.

Annex: criteria for compensation for loss of personal injury or property caused by terrestrial wildlife in the Tibetan Autonomous Region

Annex: criteria for compensation for loss of personal injury or property caused by terrestrial wildlife in the Tibetan Autonomous Region

Compensation criteria for inflicting bodily harm or death on citizens

(i) The infliction of physical harm, compensation for the medical expenses of victims and the income reduced by malfunctioning workers. The reduced income of the work is calculated on the basis of the purely per capita income of the native pastoralists, published by the Statistical Department of the Autonomous Region. The actual number of working days is determined in accordance with effective evidence from the village (communication) committees and higher-level medical institutions.

(ii) Participate or total loss of labour capacity, one-time compensation for victims' medical expenses and disability compensation. Part of the loss of labour capacity, the disability compensation rate was 15 times the per capita income of local farmers published by the Statistical Department of the Autonomous Region; the full loss of labour capacity, and the disability compensation rate was 25 times the per capita income of the pastoralians, published by the Statistical Department of the Autonomous Region.

(iii) Deaths caused by one-time compensation for the medical expenses of victims, funeral fees and death compensation. Of these, the funeral pay of 1000, which is 30 times the per capita income of local farmers, published by the Statistical Department of the Autonomous Region.

Note: In the medical expenses incurred by victims, medicines used are limited to health insurance.

Compensation criteria for the death of livestock and poultry

(i) Widows ( cattle): more than 2 years of age, 1,500/heads; 2 years of age, US$ 150/head.

(ii) Jir cattle: more than two years of age, 970/heads; up from 2 to 100.

(iii) Crop cattle (sect.

(iv) sheep: more than two years of age, $250/only; up to 2 years, $50/except.

(v) sheep: more than two years of age, US$ 200/b; 2 years; and US$ 40.

(vi) Bloods: more than 2 years of age, $350/only; 2 years, and $1120/sexcise.

(vii) Psychology: more than one year of age, $600/head; $1,150.

(viii) Man: more than three years of age, 2600 yen; 3 years of age, 500,000.

(ix) mules: more than three years of age, 2200 yen; 3 years of age; 400 yen.

(x) don't: more than three years of age, 1100 yen; 3 years of age, and 2.0/bes.

(xi) poultry (dry, muds, gigagrams): 12.

Note: The above includes the figure below, excluding the number.

ACHIEVEMENTS

In the area of actual victim losses, the production of a victim's home (in town) is based on the same type of crop, economic crops and economic forests for the first three years; its prices are calculated at 70 per cent of the average annual average annual average of the same product market for the victim's location.

Reimbursement criteria for the destruction of property by households, such as homes, furniture, livestock circles

(i) Maintenance may be compensated for 70 per cent of the average cost market price of the victim's location in the previous year.

(ii) There is no maintenance to compensate for 50 per cent of the average annual market value of the victim's place of residence.