Shaanxi Province, Focused On The Protection Of Terrestrial Wildlife To Cause Property Damage Compensation

Original Language Title: 陕西省重点保护陆生野生动物造成人身财产损害补偿办法

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(November 4, 2004 Shaanxi Province Government makes 104th, announced since January 1, 2005 up purposes) first article for guarantees citizens, and corporate and other organization for protection national and province focus protection land health wildlife caused personal property damage Shi enjoys law made 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 and Shaanxi Province implementation straddling People's Republic of China wildlife protection method approach, legal, and
    Regulations, and the facts of the province, these measures are formulated.
    Second article in this province administrative within, national and province focus protection land health wildlife (following referred to focus protection wildlife) caused personal hurt or property loss has following case one of of, victims has in accordance with this approach made government compensation of right; caused personal hurt of, has get government medical treatment of right: (a) engaged in daily and production of personnel in take has necessary of prevention measures or law perform protection wildlife obligations of situation Xia, and caused body hurt or death of;
    (Ii) the demarcated according to law within the production and management of planted crop and caused great damage to the economic trees; (c) cause injury or death to animals in captivity; (d) the forestry administrative departments of the people's Governments above the county level found in other circumstances. Third article focus protection wildlife caused personal hurt and property loss has following case one of of, Government not bear compensation responsibility: (a) on active attack and deliberately hurt focus protection wildlife of personnel caused hurt or death of; (ii) on for illegal hunting activities or unauthorized into nature reserve of personnel caused body hurt or death of; (three) on in law delineation of production business range yiwai planting of crop and economic forest caused damaged of; (four) domesticated breeding, and
    Transport units or individuals of the wildlife, wildlife resulting from mismanagement resulting in personal injury or damage to property; (e) wild here or within the nature reserve, grazing of livestock causing injury or death. Article fourth wildlife causing bodily harm and in accordance with the provisions of article II of these measures, local township people's Government immediately organized the rescue. Rescue required continuing treatment or hospitalization, treatment should be designated by the people's Governments at the county level medical institutions.
    Treatment costs reimbursed by the forestry administrative departments of the people's Governments at the county level to verify. Article fifth suffered wildlife damage caused by partial or complete loss of ability to work, victims to the provinces or districts and cities work competency expertise on application of work competency expertise. Identification by the victim in advance.
    Upon examination, the genus was identified as these measures under article II, to work for the first time appraisal fee reimbursed by the forestry administrative departments of the people's Governments at the county level. Article sixth wildlife property damage, victims claim compensation, shall from the date of damage within the 10th administrative departments of local people's Governments at the county level forestry apply personal injury, personal injury compensation claim compensation and medical treatment shall, within 90 days after the end of treatment apply administrative departments of local people's Governments at the county level forestry.
    Application content including following matters: (a) victims of name, and gender, and age and address; is corporate or other organization of, should contains Ming corporate or other organization of name, and address and statutory representative people or main head of name, and positions; (ii) specific of requirements, and facts and reason; (three) caused part or completely lost labor capacity of, should provides labor capacity identification proved. Applications can be submitted in writing, or orally.
    Oral application, the Agency shall record on the spot application of main content. Article seventh forestry administrative departments of the people's Governments at the county level after the receipt of the application, shall be filed in a timely manner and sent at least two professional technical investigations on wildlife caused by injuries or property damages investigation to verify the situation. Investigations should be done when the investigative records, fill out the survey form.
    From the date of acceptance of the application in the 10th completed fieldwork, finds observations made and submitted to the next higher administrative Department for forestry under review to confirm. County Health, finance, agriculture and other administrative departments shall assist the competent administrative Department for the investigation of forestry work.
    Victims and their relatives to assist in the investigation and to provide relevant evidence.
    Survey form uniformly printed by the provincial departments of forestry and financial administration. Eighth article by County above Government forestry administrative competent sector confirmed, has this approach second article provides case one of of, according to following standard give one-time damage compensation: (a) caused body hurt but not lost labor capacity of, compensation amount highest for province Shang annual farmers per capita net income of 3 times times; (ii) caused part lost labor capacity of, compensation amount highest for province Shang annual farmers per capita net income of 10 times times; (three) caused completely lost labor capacity of, Compensation amount highest for province Shang annual farmers per capita net income of 15 times times; (four) caused death of, compensation amount (containing funeral grants fee) for province Shang annual farmers per capita net income of 20 times times; (five) damaged crop or forest wood, a households total loss 60% above of, by damaged production folding into prices of 50% give compensation; (six) hurt livestock of, on injured livestock medical of compensation amount highest by this livestock value of 20% be compensation
    ; Dying livestock compensation 50% compensation livestock value. Nineth personal injury medical treatment fees and personal property damage compensation included in the budgets at all levels, by the financial burden according to the classification of financial management system at all levels.
    Wildlife resulting in personal injury, medical costs and compensation for the damage costs 80% provincial financial burden, districts and cities, county-level financial burden 10%, causing damage of crops and economic trees, livestock, damage compensation for provincial financial burden 20%, districts and cities, county-level financial burden 40%.
    Indemnity fee and medical treatment fee introduction of earmarking may not be diverted to any other use.
    Administrative Department of people's Governments above the county-level financial, audit law for damage compensation and medical treatment fee usage monitoring.
    Tenth death in wildlife officers and persons who lost the ability to work, their family life difficult by local departments of Civil Affairs to give relief.
    11th compensation for misrepresentation, fraud, the Department of people's Governments at the county level forestry administration ordered to return compensation fees in serious cases, a fine of 200 Yuan fines; a suspected crime, transferred to the judicial authorities to investigate and punish.
    12th article national staff violation this approach provides has following case one of of, by its competent sector or monitored organ give administrative sanctions; suspected crime of, transferred judicial organ law investigation: (a) using positions of will false, and impersonator compensation fee of; (ii) engages in, and corruption misappropriated compensation fee of; (three) deliberately bewilders, and delay, and not by provides time survey accident caused serious consequences of.
    13th a party to an administrative department specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.
    14th County and township-level people's Governments should take positive measures to prevention and control of wildlife hazards to protect personal and property safety of the masses.
                                                                                    15th these measures come into force on January 1, 2005.