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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264118.shtml

Terrestrial wildlife in Tibet Autonomous Region, causing personal injury or property loss compensation (May 19, 2010 the people's Government of Tibet Autonomous Region, the 5th Executive meeting on May 24, 2010, people's Government of Tibet Autonomous Region, the 95th release as of July 1, 2010) first in order to compensate citizens of the State and the autonomous communities to protect terrestrial wildlife (hereinafter referred to as wild animals) against loss or damage caused by, according to the People's Republic of China Wildlife Conservation Act and the People's Republic of China terrestrial wildlife protection Ordinance, combined with State practice,

    These measures are formulated.

    Second autonomous region within the administrative area for wildlife in personal injury or property loss activities that require compensation, these measures shall apply.

    Third people's Governments above the county level forestry administration departments, financial authorities, in accordance with their respective responsibilities, responsible for civil compensation for personal injury, property damage caused by wildlife.

    The people's Governments above the county level shall monitor, civil affairs, land and resources, environmental protection, housing and urban-rural construction, agriculture and animal husbandry, health, audit, prices, statistical departments shall, in accordance with their respective responsibilities, to assist in civil compensation for personal injury, property damage caused by wildlife.

    Article fourth wildlife civil personal injury, property damage, any of the following circumstances, the victim may apply for compensation in accordance with this Regulation:

    (A) for normal life and production of causing bodily injury to or decease of a citizen;

    (B) in grazing pastures, woodlands or captive livestock deaths in the region;

    (Iii) the demarcated according to law within the production and management of planted crops, cash crops and economic trees causing damage;

    (Iv) family assets such as houses, furniture, stalls and caused damage.

    Except as provided in the preceding paragraph, a civil personal injury, property damage caused by wildlife, without compensation.

    Article fifth wildlife causing personal injury compensation, 10th victim treatment of discharged date or from the date of death within 15th victim, or interested parties can contribute to the village (neighborhood) committees claim, and provides diagnostic proof issued by the Township medical institutions, medical records, hospital charges during the invoicing and medical drug list and other relevant certificates.

    Victims injured in different places, the applicant shall also submit the damage to village (neighborhood) certificate issued by the Commission, which shall be subject to damage of township (town) people's Governments or neighborhood offices review and confirmation.

    Sixth article wildlife caused livestock death or caused crop, and cash crops, and economic forest damaged or caused housing, and furniture, and livestock circle, family property damaged need compensation of, victims or interest relationship people should since learned that of day up 7th within, to village (home) people Committee proposed compensation application, provides by damage of property type, and number, and submitted photos, and video or insider of testimony, related proved. Article seventh village (neighborhood) Committee after receiving the applicant's claim in the 10th, should sent field survey after the damage occurred to obtain the appropriate certificate, and make a decision on whether to accept the application. Survey results are consistent with relevant certificates or statements provided by the applicant should fill out to apply for compensation form and submit the township (town) people's Governments or neighborhood offices. Survey results provide relevant certificates or statements inconsistent with the applicant inadmissible, and inform the applicant.

    Applicants to the village (neighborhood) refuses to accept the decision of the Commission not to accept, from the date of receipt of the decision in the 5th, directly to the township (town) people's Government, or claim the subdistrict office.

    Applications for compensation the victims should include name, address, valid identification and the time and place of the damage occurred, the loss of specific, village (neighborhood) Commission opinion, managers and so on.

    Article eighth of township (town) people's Governments or neighborhood offices receive village (neighborhood), submitted to the Committee for compensation form or submitted directly to the victims compensation application, should arrange 2 or more investigators in the 15th to carry out investigation to verify where the damage occurred. Investigation and verification must be objective, fair and accurate. Victim and the interested person shall assist in the investigation and provide the appropriate proof.

    Investigators shall do the investigative records, fill out the survey form.

    Survey results and compensation table of contents or submitted directly to the consistent application of the applicant, shall be inadmissible and damage compensation of the damage occurred in the village (neighborhood) Committee publicity; not consistent, the application shall be returned or submitted directly by the applicant to apply for the compensation table village (neighborhood) committees or the applicant and state the reason in writing. Nineth Township (town) people's Governments or neighborhood offices public civil personal injury, property damage caused by wildlife, publicized include the applicant's name, the damage occurs time and place, caused by loss, the village (neighborhood) of the Committee's opinion, the proposed compensation amount, calls, contacts, and so on.

    Publicity for 7 days.

    Tenth public notice expires without objection, the township (town) people's Governments or sub-district offices should apply for compensation within 15th table, survey, registration form, the relevant documents submitted to the competent administrative Department of people's Governments at the county level forestry. Publicized dispute within the publicity, the township (town) people's Governments or neighborhood offices shall, from the date of receipt of the objection within the 10th investigation to verify the content of objections. Dissent is true, should apply for compensation form or returning applications for compensation submitted by the applicant directly to the village (neighborhood) committees or the applicant; submitted directly by the applicant, should also inform their village (neighborhood) committees.

    Objection does not match the content and verification of results of the survey, investigation reports should raise the objection, and will apply for compensation table, survey report, investigation of objections, relevant evidence submitted to the forestry administrative departments of the people's Governments at the county level. 11th wildlife damage to crops, cash crops and economic trees, Township (town) people's Government, the subdistrict office in accordance with article eighth of these measures make an investigation to verify the admissibility decision, to be admissible, and shall establish the lost archives, not regularly informed of victim losses resulting from changes in the situation.

    The township (town), neighborhood offices under the people's Government is not regularly informed about the damage and harvesting crops or cash crops and economic trees post-harvest losses, 10th within the actual compensation amount, and in accordance with the provisions of the present article Nineth and tenth publicity, submitted to the competent administrative Department of people's Governments at the county level forestry.

    12th forestry administrative departments of the people's Governments at the county level received the township (town) people's Government or the wildlife of subdistrict offices to submit damage compensation table, survey, registration form, and other related materials, shall complete the review within the 15th. Finds clear and irrefutable evidence of the facts, be confirmed; the facts are not clear and large or complex amounts of loss, should organize personnel to the village where the damage occurred (neighborhood) committees and township (town) people's Government or the streets again for verification.

    After verification, that applications for compensation consistent with the facts and should be confirmed; claim inconsistent with the facts, seat of the claim should be returned to the applicant the township (town) people's Governments or neighborhood offices, and state the reason in writing.

    Forestry administrative departments of the people's Governments at the county level to confirm the claim shall promptly send competent Department of people's Governments at the financial review. 13th fiscal authorities received the people's Governments at the county level shall sent by Department of Forestry Administration has confirmed the compensation application, shall complete the review within the 10th.

    To meet the requirements of, compensation should be timely disbursement of funds to the applicant where the township (town) people's Governments or neighborhood offices; does not meet the requirements, the claim should be returned to the people's Government at the Department of forestry administration and state the reason in writing.

    Forestry administrative departments of the people's Governments at the county level after receiving the financial return to the competent authority any claims for compensation shall, in accordance with the verification provisions of this approach.

    14th the township (town) people's Governments or neighborhood offices after receiving the compensation for disbursement of financial departments at the county level in the 15th, compensation should be a one-off, full payment to the applicant. 15th financial authorities above the county level should be wildlife in civil personal injury, compensation for loss of property funds in the budget, and to apply the principle of earmarking, grading burden.

    Burden ratio in accordance with State financial 60%, (City) area (Government) financial 30%, County (city, district) financial 10%. Financial departments shall, in accordance with county-level people's Governments above the county level total actual compensation for the previous year, in accordance with respective proportional, in the first quarter of each year by the 80% paid into the special account to the County finance.

    Unused, carried forward to the next year; the short part, by financial authorities above the county level in accordance with the additional burden proportion as provided herein.

    16th article County Government forestry administrative competent sector should with financial competent sector each quarter on wildlife against compensation situation for statistics, and will wildlife against compensation funding using situation, and wildlife against compensation situation submitted to (City) area (Government) forestry administrative competent sector and financial competent sector; to (City) area (Government) forestry administrative competent sector with financial competent sector summary Hou, should timely submitted autonomous regions Government forestry administrative competent sector and financial competent sector.

    17th wild citizens caused specific compensation for personal injury, property damage, and by the autonomous regional people's Government departments of forestry administration in conjunction with the Department of finance and approved by the autonomous regional people's Government Executive.

    18th to apply for compensation form, survey form uniformly printed by the autonomous regional people's Government departments of forestry administration. Article 19th of township (town) people's Government, the neighborhood offices, as well as the County forestry administration departments, financial departments should establish wildlife cause personal injury, property loss compensation files.
Record should include the application of compensation compensation table, the survey form contents, publicity, and other related documentation; the township (town) people, neighborhood offices shall also include the contents of the applicants to obtain compensation files.

    20th no units and individuals found to have breached the act as provided herein, may approach the forestry administrative departments of the people's Governments above the county level, financial departments, supervision departments, the Audit Department and the relevant departments to report or accusation.

    Receives reports or complaints Department should investigate and handle in a timely manner, and the results of the investigation informed informant or complainant.

    Forestry administrative departments of the people's Governments above the county level, the financial authorities, departments, auditing departments should open telephone, contact address and e-mail address.

    Article 21st forestry administrative departments of the people's Governments above the county level shall, in conjunction with finance, supervision and auditing departments to establish compensation system of supervision and inspection, wildlife compensation for personal injury, property damage, carry out investigation to verify, make timely punishment for violations of these rules.

    22nd applicant fraud, cash compensation, forestry administrative departments of the people's Governments above the county level shall timely make compensatory fees in serious cases, application for compensation 5 times the amount of the fine, but no more than 20,000 yuan.

    23rd village (neighborhood) fraud or not, head of the Committee in accordance with this regulation to the township (town) people, neighborhood offices to submit applications for compensation table, excluding countries 6 months remuneration in serious, it is recommended that village (neighborhood) meeting to dismiss the village (neighborhood) the Head Office of the Commission.

    24th State organs and their staff in violation of any of the following circumstances as provided herein, principals and persons directly responsible shall be given administrative sanctions criminal suspects, transferred to judicial organs for handling:

    (A) investigation to verify the time limit provided for in these measures are not in accordance with the wildlife in personal injury, property damage, damage and compensation costs;

    (B) misrepresentation, false claim compensation for others to help;

    (C) does not perform job duties, resulting in compensation being impersonation;

    (Iv) interception, corruption, embezzling compensation funds.

    25th acts in violation of these rules, other provisions of laws and regulations on punishments, disciplinary action, in accordance with its provisions, disciplinary action. 26th article of the rules take effect on July 1, 2010.

    January 12, 2006 issued by the autonomous regional people's Government of the Tibet Autonomous Region, focused on terrestrial wildlife causing personal injury and property loss compensation for interim measures be repealed simultaneously.

    Accessories: terrestrial wildlife in Tibet Autonomous Region, causing personal injury or property loss compensation standard accessories: terrestrial wildlife in Tibet Autonomous Region, causing personal injury or property loss compensation

    Compensation standard of, causing bodily injury to or decease of a citizen (A) causing bodily harm, and compensates the victim for medical expenses and reduced due to loss of income. Reduction for delay according to the State Statistics Department announced last year the per capita net income of farmers and herdsmen in the local conversion.

    Actual delay days in accordance with the village (neighborhood) committees and township (town)-level medical institutions to produce valid proof of identify. (B) causes partial or total incapacity, a one-time compensation victims compensation for medical expenses, and disability.

    Partial loss of working capacity, disability compensation for State statistics released by the Department on the ground 15 times the annual per capita net income of farmers and herdsmen; total loss of working capacity, disability compensation for the autonomous region on the local Statistics Department announced a 25 times the annual per capita net income of farmers and herdsmen. (C) deaths, a one-time compensation for victims ' medical expenses, funeral expenses and death benefits.

    Among them, the funeral costs 1000 Yuan, death benefits for the autonomous region on the local Statistics Department announced a 30 times the annual per capita net income of farmers and herdsmen.

    Description: compensation for medical expenses of the victims, used drug of drugs exclusively to medical insurance.

    Second, causing the death of livestock, poultry, compensation standards

    (A) the yak (cattle): more than 2 years old, 1500 Yuan/head 2 below 150 yuan per head.

    (B) the ox: more than 2 years old, 970 Yuan per head; 2, 100/head.

    (C) cattle (carrying cattle): RMB 2000 per head.

    (D) sheep: over 2, 250 Yuan/only; 2 age, 50 Yuan/only.

    (E) goats: over 2 months, 200 Yuan/only; 2 age, 40 Yuan/only.

    (F) the white cashmere goats: more than 2 years old, 350 Yuan/only; 2, 120 Yuan/only.

    (VII) pig: more than 1, 600 Yuan/head 1 below 150 yuan per head.

    (VIII): more than 3 years old, 2600 Yuan/piece; 3, 500 Yuan/piece.

    (I) the Mule: over 3 months, 2200 Yuan/piece; 3, 400 Yuan per piece.

    (J) the donkey: more than 3 years old, 1100/horse; 3 below 200 Yuan/piece.

    (11), poultry (chicken, duck, goose): 12 Yuan/only.

    Note: the above include the number, not including the number itself.

    Three, causing damage to crops, cash crops and economic trees standard

    Area calculation of compensation to actual loss; its output to where the victims released by the Statistics Department of the autonomous region of township (town) similar crops, cash crops and economic trees average yield for the first three years; its price to market similar products where the victim the previous year calculated on the average price of 70%.

    Four, houses, furniture, stalls and domestic legal standards of compensation for damage to property

    (A) maintenance, according to the county where the victim the previous year the average maintenance cost and market price 70% compensation.

 (B) not repaired, according to the county where the victim the previous year average market price 50% compensation.