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Terrestrial Wildlife In Tibet Autonomous Region, Focused On Interim Measures For Civil Compensation For Personal Injury And Property Damage

Original Language Title: 西藏自治区重点陆生野生动物造成公民人身伤害和财产损失补偿暂行办法

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(Adopted by the 25th Standing Committee of the People's Government of the Tibetan Autonomous Region on 26 December 2005 and issued by Decree No. 69 of 12 January 2006 of the People's Government of the Tibetan Autonomous Region)

In order to guarantee the right of citizens to obtain redress under the law for personal injury, property losses caused by the focus of the State and self-government zones on the protection of land wildlife, in accordance with the People's Republic of China's Wildlife Protection Act and the National People's Republic of China Land Wildlife Protection Regulations, this approach is being developed in the context of the self-government area.
Article II, in the administrative area of the self-governing area, the land wildlife protected by the State and the self-government area (hereinafter referred to as wild animals) has resulted in physical injury and property losses, and one of the following cases may apply for government compensation:
(i) The infliction of physical injury or death of citizens;
(ii) Damage to crops and economic crops;
(iii) Injuring or dying of trajective livestock;
(iv) Injuring or dying of the livestock that was watched.
Article 3
(i) Illegal hunting activities that cause bodily harm or death;
(ii) Sufference or inspiration of comma wildlife, causing physical injury or death;
(iii) Damage caused by crop and economic crops planting outside the scope of production;
(iv) Disadvantages or deaths caused by the dispersion or neglect of livestock outside the field;
(v) Other damage caused by the fault of the parties.
Article IV reproduces, transported wild animals escaped for all, causing physical injury and loss of property, and is subject to civil responsibility under the law by reinduction, transport units or individuals.
Article 5 Wildlife caused personal injury and loss of property, which is one of the conditions set out in article II of this scheme, victims require compensation from the Government, victims or their relatives should protect the scene and, on the occasion of the incident, invite the Village Council or the villagers to testify on the ground. In addition to special circumstances, victims or their relatives should report to local communes (communes) people or forest functions within three days of the date of injury or loss, as well as to the list of requests for compensation for loss of personal injury or property (hereinafter referred to as a compensation application).
Article 6. Reimbursement application forms focus on the protection of habeas corpus for personal injury (hereinafter referred to as the injury compensation form) and the priority protection of wildlife for loss of property (hereinafter referred to as the loss of compensation).
The compensation form and the loss indemnity form shall be accompanied by the following: information that demonstrates and other evidence obtained on site searches, such as photographs, videos, etc.; on-site survey reports of the commune government or local forest functions (the investigation report includes, inter alia, the circumstances in which the loss or injury is suffered, loss or injury, including quantity, extent, etc.).
The compensation application forms were compiled by the forest administration authorities in the self-government area.
Article 7 communes (communes) have received compensation requests from the Government of the people or local forest functions, which must be verified in a timely manner with respect to injuries or losses caused by wild animals and, in addition to exceptional circumstances, are generally completed within eight working days.
The verification process must be objective, impartial and accurate. The investigators must identify the facts and be able to verify the investigation records and the relevant evidence on the ground and form the investigation report. The investigators shall not be less than two.
The commune (commune) government or the forest function survey verification process shall be completed and, within 10 working days, the compensation application shall be submitted to the zonal forest function, and the district forestry function will be reviewed with the district financial sector for the compensation application. The facts are clear and factual and are reimbursed in the circumstances set out in article II of this approach; the facts are not clear and should be re-examined; the non-payment of compensation does not meet the scope of this approach and the explanation of the applicant.
It was reviewed that the situation was complex, lost or injured and was difficult to recognize that compensation should be paid after the confirmation of the previous level of forestry, the financial sector was confirmed; the situation was particularly complex, loss or injury, and it was difficult to confirm that compensation should be provided to the forest and financial sectors of the self-government area for clearance.
Article 9 is subject to review of the loss of property that falls within the scope of compensation provided for in this scheme and is reimbursed by the forestry, financial sectors of the district.
The loss of crops is based on actual local yields and acquisition prices, but the highest non-food category can be calculated in the light of the average annual food production of 510 trucks (standard acre) in 2005; the calculation of production in the light of the oils of the economic crop by 190 acre (standards); and the loss of the mature economic forest type, calculated on average yields and purchase prices for local fruits. The loss of other crops may be calculated on the basis of the local price sector-confirmed yields.
The damage caused by livestock and the injury to be healed should be paid for actual medical fees (the compensation for medical expenses does not exceed 50 per cent of the total loss of the same-class livestock); the loss of livestock shall be compensated on average local market prices, but the maximum compensation shall not exceed the following criteria: 1,500 yen/heads, 970 kidnapped adults/heads, 250 kidnapped kidnapped kidnapped, 120 kidnabis/bon, dinema, 2600 yen, and 2.0 kidnabis.
The loss of household property is calculated at the level of property damage (including houses), the actual number and local prices.
Article 10, which is subject to the examination of persons who fall within the scope of compensation, shall be compensated by the forestry, financial sectors of the district, and the amount of compensation shall be calculated as follows:
(i) The infliction of physical harm should pay for the actual medical expenses of the victim and the income reduced by the wrong work. The decrease in income is based on the per capita income of Tibetan farmers published in the statistical offices of the previous self-government region. The actual error is based on effective evidence from the village council and the medical institutions in the town.
(ii) A portion or total loss of labour capacity shall be paid to the medical expenses and disability compensation paid by the victim. The disability indemnity is a one-time compensation based on the level of loss of labour capacity. Part of the loss of labour capacity is 10 to 15 times the per year of peripheral income published by the statistical offices of the previous self-government region; the full loss of labour capacity is 30 times the average annual income of the Tibetan farmers, published by the statistical offices of the previous self-government area. The extent of the victim's disability should be based on effective diagnostics from hospitals in the district.
(iii) Deaths caused by a one-time burial compensation and death compensation. The funeral compensation amounted to $80 million and the death indemnity was 10 to 25 times the per-year income of Tibetan farmers, published in the statistical offices of the previous self-government area.
Article 11. Reimbursement funds take a “first instance” approach whereby specific requests are addressed during the budget implementation process, which is burdened by self-government, land (market), district-level fiscal subsectors, with a proportion of 50 per cent of the self-government, 30 per cent of the Territory's finance and 20 per cent of the district's finance.
The Government's compensation funds are earmarked and cannot be diverted.
The use of compensation funds is governed by law at all levels of finance, auditing.
Article 12. The parties are deceived, false, intrusive and invested in the payment of compensation by the communes (communes) Government or the local forest functions sector; in the event of serious warnings or payment of more than three times the amount of the fine, with a maximum of $20,000. Crime constituted criminal liability by law.
In violation of this approach, State staff have been held accountable under the law by virtue of negligence, abuse of authority, provocative fraud.
Article 14.