3 thoughts on “Urgent the three task assignments of Fujian Electric University's 2011 Spring Law "National Compensation Law" formed a sex assessment system.”
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State Compensation Law usually work (1)
Major major: 2010 Qiu Kai Ben Law Scholarship Number: Name: Grade:
• Noun explanation (5 points for each question)
1 State compensation for national compensation ——In the state, in accordance with the provisions of the State Compensation Law, the state's compensation shall exercise the damage caused by the laws and interests caused by the legal rights, legal persons, and other organizations of the state organs and their staff through legal compensation obligations.
2 Rights Relief Function -Refers to the legitimate rights and interests of citizens and organizations that receive illegal violations of state organs or staff to perform their duties and cause damage. Restore or make up for functions.
3 National Compensation Law -refers to the general term that adjusts the legal norms of national compensation liability. The narrow -minded state compensation law refers to the national compensation codes, that is, the state's legal documents such as the principles, conditions, scope, standards, methods and procedures of state compensation liabilities in accordance with the legislative procedures.
4 The principle of hazardous liability — Regardless of whether the administrative subject and its civil servants are faulty, as long as the duties violate the legitimate rights and interests of the counterparty and cause damage, the state shall bear the liability for compensation.
5 illegal acts of duties -refer to the acts of state organs and their civil servants' violations of laws and infringe on the legitimate rights and interests of others.
. The selection questions (3 points for each question, 15 points per question)
1 The state compensation in my country is to exercise its powers with national organs and their staff -as a prerequisite. (C)
a. Personal fault B. Criminal duty C. Cross -law D. No error liability
2 my country's state compensation includes -. (B.C.D)
a. Legislative compensation B. Administrative compensation C. Criminal compensation D. Civil administrative trial compensation
3 my country's administrative compensation is mainly based on its causes. (A)
a. Administrative compensation caused by the illegal role of administrative organs or civil servants
b. R nC, military compensation D. State compensation for state -owned public facilities or management lack of management
4. The country to establish the first national compensation system in the West is -. (A)
a. France B Germany C UK D.
5. The earliest legal documents that stipulate national compensation liabilities in my country are -. (A)
a. 1954 "Interim Regulations on the Management of the People's Republic of China Harbor Management" B. 1954 "Constitution of the People's Republic of China"
c. 1982 The Constitution of the People's Republic of China D. The National Compensation Law "
3. Questions and answer questions (15 points per question, 45 points in total)
1. Why should we establish a national compensation system? Which national compensation theory do you think can most illustrate this problem? Why?
: State compensation has the right to relieve the relief function, restrict prevention function, official protection function, the protection of the protection of the diaspora, the adjustment of interests, and the function of reflecting democracy and the rule of law. Establish a state compensation system, determine the liability for state compensation in the form of legal, and realize the basic power given by the constitution to protect the legal and democratic rights of citizens, enable the function of state compensation, effectively restrict the expansion and expansion of public power and the expansion and Abuse and promotion of national democracy and legal system have played an important role.
"Democratic countries (theory of human rights protection)" and other human rights ideas theory can best explain this problem. This theory believes that protecting human rights is one of the basic purposes and tasks of democratic countries. At the time of infringement, the state has the responsibility to make compensation and punish the infringer in accordance with the law. When citizens are infringed by the country, the state is certainly more responsible for compensation for citizens' damage. A major contribution of human rights theory is to put people's rights first, and people, especially individuals, are liberated from the huge shadows and threats of public power. Emphasizing the generation and exercise of public power are all benefit for others. The government serves people, not the government. The common point of these views theory is to emphasize equality in the relationship between the country and the people. It is required that the country must bear the right to ensure the exercise of power for the people while enjoying power. This view theory plays a direct promotion role in the establishment of the national compensation system, and has also laid the theoretical basis for the compensation law.
2. Why should my country establish a national compensation system?
: my country is a socialist country of the people's democracy. The illegal acts of the state organs and their staff causing citizens when the illegal acts of the execution of their duties will cause the state to be liable for compensation. It is very important to formulate a relatively unified and complete state compensation law to adjust this internal relationship. Moreover, my country has already possessed the actual conditions of formulating the national compensation law.
(1). The formulation of the state compensation law is an inevitable requirement for improving the construction of the socialist legal system in my country. It is necessary to make state compensation from principles to actual feasible legal systems, and the formulation of the State Compensation Law is also necessary.
(2). The formulation of a national compensation law is an inevitable requirement for establishing a socialist market economy.
(3) The formulation of the State Compensation Law will have a positive role in promoting anti -corruption and improving administrative efficiency.
(4) The formulation of the State Compensation Law will help eliminate the factors and social environment of stability and unity.
(5) The formulation of the State Compensation Law is also the need for protecting the legitimate rights and interests of Chinese people and overseas personnel. The political system has played a huge role.
3. How to evaluate the principle of illegal law of the law of compensation in my country?
: The principle of accountability determined by the state compensation law of my country is the principle of illegal, that is, the fundamental criterion of accountability as the blame, and does not ask whether it is wrong. The fundamental standard of illegal principles, based on duty illegal acts, has achieved the objectiveization of identification standards. It is undoubtedly cleaner and thorough than the theory of business fault in terms of the principles of fault, and no longer has the slightest subjective virtual color. The "illegal principle" is also consistent with the provisions of the Constitution, coordinating with the regulations of the Administrative Procedure Law, simple and clear, easy to understand, easy to operate.
The principle of illegal law also has some problems. How to define the meaning and standards of duty illegal acts, theoretically, it is greatly arguing. The scope of relief provided by the principles of illegal law is not as wide as public duties.
. Case analysis (15 points in this question)
The police officer Zhang was dressed in uniforms, for his personal desire, pretending to perform his duties, and shot Li Li for the property of Li.
I: Should Zhang compensate the state of Li's behavior? Try to analyze the constituent elements of national infringement compensation liability.
I Answer: Affordable compensation.
The constituent elements of the country's infringement compensation is: the subject of the job, the illegal act of the job, the damage of the facts, and the cause of causality.
Zhang is a staff member of the state public security organs. He uses his police identity and convenience, and he is in police uniforms and manages his official duties. Essence Police Zhang, in the name of executing official duties and violating the right to violate the life of innocent citizens, has four constituent elements of national infringement compensation liability. According to the relevant terms of the National Compensation Law, Zhang's public security organs have the obligation to bear national compensation responsibility for this. After the public security organs bear the criminal compensation obligations, Zhang's criminal responsibility shall be investigated in accordance with the law.
If national compensation law usually operates (2)
Grade majors: 2010 Qiukai Law Scholarship Number: Score:
Divided)
1. Principles of Administrative Pioneer -Before the administrative compensation obligations request compensation request requesting the request requesting the court to file a lawsuit against the court, the administrative compensation obligations shall be required to request compensation, and the administrative organs shall be handled according to law.
2. Administrative compensation requests -Specifically, it is the violation of its legitimate rights and interests by illegal acts in administrative activities, and filed a lawsuit with the administrative compensation obligations or the people's court to request administrative compensation, including citizens, legal persons and other organizations. Essence
3. Administrative compensation obligations -refer to the administrative organs that are granted administrative power by citizens, legal persons, or other organizations that have violated the legal rights and interests of others in violation of the laws and powers that are required by citizens, legal persons, or other organizations.
4. Administrative compensation procedures -that is, administrative compensation requestants requested administrative compensation to the state administrative compensation obligations, administrative compensation obligations give administrative compensation, and the methods, methods and steps of resolving administrative compensation through the people's court.
5. Administrative recovery -refers to the legal system of civil servants, entrusted organizations, and personnel who have ordered a part or or full cost after the state shall be ordered to pay compensation for compensation for administrative compensation requests. 4 points for each question, a total of 20 points)
1. A woman was taken to the police station due to the surrender of a woman. A policeman came in from the outside and saw that a certain attitude was not good. The spleen rupture. to this end--. (2, 4)
(1) The police station where the police is located should be liable for a certain A. 4) After the state compensation was implemented in a certain A, the police implemented a decision to recover the police in illegal administrative agencies to collect Zhang's video recorder in violation of the law. (2)
(1) Compensation shall be compensated by an administrative organ (2) Zhang cannot advocate administrative compensation
(3) The administrative organs and Zhang jointly bear the liability for compensation of the administrative organ.
3, A is the cadre of the Industry and Commerce Bureau, and B is the cadre of the Public Security Bureau. The two make a decision to collect Li's property in violation of the law. (2)
(1) joint compensation for A and B (2) Compensation of the Industry and Commerce Bureau and the Public Security Bureau
(3) A and B compensation (4) Compensation of the Industrial and Commercial Bureau and the Public Security Bureau respectively. The Public Security Bureau made an administrative penalty of 3 days of detention of Lin's illegal detention. Lin applied to a municipal public security bureau for reconsideration. (1) A county public security bureau responsibility for compensation detention for 3 days (2) The responsibility of a municipal public security bureau shall be liable for 4 days of compensation and detention
(3) The county and the municipal public security bureau jointly compensate for 7 days of liability (4 ) A city Public Security Bureau bear the liability for 7 days of compensation and detention
5. Liu intends to ask the town government to ask for compensation for chaos. To this end, Liu should be-- (1, 3)
(1) To propose to the town government (2) the decision of the town government, then apply for reconsideration to the county government
(3) Dissatisfied with the decision of the town government, and then filed it to the county court Litigation (4) Disconception of the county government's reconsideration decision, and then filed a lawsuit to the county court
. Question and answer questions (10 points per question, 40 points in total)
1, what are the illegal administrative behaviors that invade human body? R n: There are the following points: (1), illegal detention or illegal administrative compulsory measures to restrict the personal freedom of citizens.
(2), illegal detention or other methods illegally deprives citizens' personal freedom.
(3), violent acts such as beating or instigating others with violence such as beating cause citizen's physical injury or death.
(4) The use of weapons and police weapons illegally caused physical damage or death.
(5) other illegal acts that cause citizen's physical injury or death.
2. What are the illegal administrative acts that violate property rights?
: (1) If the illegal implementation of fines or revocation of licenses and licenses, or order administrative penalties such as suspension of production and suspension, confiscation of property, etc.
(2) Administrative compulsory measures such as seizure, seizure, and freezing on property.
(3), violated the collection of property and distribution costs in violation of state regulations.
(4) Other illegal situations that cause property damage.
3. Answer the obligations of my country's administrative compensation
: If the administrative organs and their staff exercise administrative powers to infringe on the legitimate rights and interests of others and cause damage, the administrative organ is the obligation agency. It mainly includes the following categories;
(1), administrative agencies that implement infringement.
(2) Organization of administrative power by law and regulations.
(3), entrusted administrative agency.
(4) Administrative reconsideration agency.
(5) The compensation obligations of the above compensation obligations after being withdrawn.
4 ,. What are the requirements for administrative compensation?
: The requirements are; (1), the request request request must be submitted to the compensation obligor authority, and no other agencies have no right to directly accept it. (2) The requestant must have the right to request. (3) It must be proposed within the statutory period. (3) The request requested by the compensation must be the scope of damage that should be compensated or the scope of the state compensation law in my country.
. Case analysis (15 points in this question)
Wang was forced to be injured by the police to torture, and he committed suicide due to unbearable cuts. What is the legal basis?
: Police A's public security organs shall be liable for compensation for Wang's injuries. Police A forced torture in the execution of his duties and caused Wang's physical damage with violence. According to Article 15, paragraph 4, paragraph 4, paragraph 4 of the State Compensation Law, it belonged to the state that was liable for criminal compensation. The public security organs should compensate Wang's medical expenses for treating wounds.
The physical damage caused by the behavior of king's cutting pulse, and there was no direct causal relationship with the police A torture for illegal acts, which was directly caused by Wang's intentional self -injury behavior. This situation belongs to the state that the state does not bear the liability for compensation due to the loss of damage due to the intentional behavior of citizens' self -injury and self -harm, etc. " The agency shall not bear the liability for compensation.
If national compensation law usually operates (3)
Grade majors: 2010 Qiukai Law Scholarship Number: Score:
Divided)
1. Criminal compensation scope -also known as the scope of compensation for injustice, referring to the scope of national criminal compensation liability should be defined within the scope. Including the state's positive ideological matters that should bear criminal compensation liability in accordance with the law and the negative matters of the state's liability for compensation in accordance with the law.
2. Criminal compensation requesting person -that is, organs and staff due to the exercise of investigations, procuratorial, trials, and prison management powers illegally infringing their personal rights and property rights in accordance with the relevant provisions of the National Compensation Law when exercising their powers Compensated people, including citizens, legal persons and other organizations.
3. Criminal compensation obligations —— exercise authorities and staff who exercise their powers and their staff who are in charge of national investigation, procuratorial, trial and prison management illegal infringement of the legitimate rights and interests of citizens, legal persons and other organizations when they exercise their powers. Criminal compensation obligations.
4. Criminal compensation procedure -refers to the procedures for the state's compensation for the state's legitimate rights and interests of the legal and organized by the state's and its staff during the criminal proceedings.
5. Criminal compensation reconsideration procedures -referring to the requestant's request to compensation for compensation obligations, the compensation obligations shall not pay compensation, or the request request the request to the compensation obligations shall submit reconsideration to the superior authority of the compensation obligor authority The application shall be decided by the reconsideration authority to make disputes on compensation disputes.
. The choice questions (4 points for each question, 16 points in total)
1. Police Wang forced Li to be injured by torture, for this- (B C)
a. Li Mou asked Wang to compensate for his heart B. Li Mou asked Wang's public security organs to compensate
c. B. Public security organs can recover from Li after compensation for Wang. The public security organs should eliminate the impact for Li, and apologize to the apology
2. Liu (15 years old, middle school student) was detained by public security organs for participating in fighting and fighting. He was approved by the Procuratorate of the Procuratorate and was arrested by the Procuratorate. Later, the Court C was not guilty to declare the criminal responsibility age. For this reason, Liu should- (d)
a. A public security organ compensation B. C. Procuratorate C. Compensation C. C. Court C. Compensation D. No compensation
3. Zhang was detained by the A Public Security Bureau for intentional homicide, and was approved by the B Procuratorate to be arrested. He was later declared innocent by court C to be guilty of insufficient evidence. A Public Security Bureau compensation B. B Procuratorate compensated C. C. Court C. Compensation D. No compensation
4. In accordance with the innocent judgment made by the county court, Wu planned to compensate the county's public security bureau and the arrest decision of the county procuratorate. To this end, (B)
a. Proposed to the county court B. B. Proposal to the county procuratorate C. B. proposed to the County Public Security Bureau D. Make compensation lawsuits to the local intermediate court
. Questions and answers (40 points in total)
1. What are the matters of the state's liability for compensation?
This: The state's liability for compensation is: in criminal proceedings, misunderstanding, misunderstanding, innocent misrepretional sentences have been executed; Damage or death behavior; measures such as seizure, seizure, freezing, recovery, and other measures to cause property damage; if the judgment supervision procedure is not guilty, the original fine and confiscation of property have been implemented.
2. What is the liability for compensation for civil and administrative trials?
: In the process of civil lawsuit and administrative litigation, the people's courts should take compulsory measures, preservation measures, or errors in the judgment and cause damage to obstructing lawsuits.
3. How can my country's criminal compensation obligations determine?
: 1. If a person with no crime or no facts proves that there are major suspicion of crime, the organs that make a detention decision are the obligations of the detention decision; The decision organs are compensation obligations; 3. Those who are not guilty of re -examination and judgment shall make the courts that make the original effective judgment as a compensation obligations; if the second instance is condemned, the court that makes the first trial and the organ that makes the arrest decision is the co -compensation obligor authority; 5. If the torture is forced, beats, or causes death with other violence, or if the weapon or police weapon illegally uses weapons and police weapons to cause physical damage or death of citizens, the staff of the staff who make the above behavior is a compensation obligation authority.
4. What are the elements of criminal recovery?
: The requirements for the establishment of criminal compensation are; first, the staff who execute the duties have intentional or major faults; the other is that they must exercise the right to recovery after the compensation obligations have performed the obligations of compensation; the third is that the right to recovery must be in the right of compensation; Exercise within the statutory period.
. Case analysis (19 points)
The Shen Mou was not established by the municipal intermediate court for re -examination and revision of the crime of corruption. To this end, the county and municipal courts who plan to make the first and second trials require compensation for compensation Essence Try the legal basis and procedures.
: According to this case, it can be seen that the court of first and second instances (county, city courts) all determined that Shen was guilty, and the judgment of the second instance court (city court) was effective judgment. According to the provisions of the Supreme People's Court's explanation of several issues on the implementation of the National Compensation Law and Article 19, paragraph 4 of the State Compensation Law: "Those who re -examine the innocent judgment, and make the people's courts with the original effective judgment. "," The court of the second instance maintained the judgment of the first instance court or changed the judgment of the first instance court, the court of the second instance was a compensation obligations. " Therefore, Shen should ask for compensation to the city courts that made the second trial.
The procedures for requesting compensation are: Shen first made compensation to the city courts that made the second trial of the compensation obligations. On the date of the date of handling the decision, the compensation committee of the Provincial Higher People's Court compensation for compensation for compensation for compensation will be made. The compensation committee of the Provincial Senior People's Court shall make a compensation decision on the compensation issues in accordance with the decision procedure.
The national compensation method usually operates 4
Grade majors: 2010 Qiukai Law Scholarship Number: Name: Score:
, noun explanation (25 points in total)
1. Money compensation -that is, after calculating or estimating the degree of damage, the victim is given appropriate compensation for compensation.
2. Restoration of the original state -refers to the original state of the original state before the victim's wishes and requirements.
3. State compensation timeliness -timeliness refers to a legal system that has a certain legal consequences for a certain period of time and generates certain legal consequences. The timeliness stipulated in the State Compensation Law is the time limit for requests, that is, the compensation request request the validity period for state compensation. Compensation requestants can only be realized by requesting compensation obligations within the period required by the state to request compensation obligations.
4. Return to the property -refers to the compensation of the compensation obligor to return the compensation form of the victim who has the right to enjoy the property.
5. The implementation of the State Compensation Law refers to the process of obtaining the requirements of the national compensation specifications in the society, and it is a special form that the state compensation law acts on social relations.
. Selection questions (4 points per question, 20 points in total)
1. The way of compensation for Chinese state is - (b)
a. B. Money compensation is the main way, restore the original state, and return to the method of returning property
c. Method of any choice D. Money compensation method
2. —— (C)
a. Punishment principle B. Principles of compensation C. Principles of comfort and care D. Comprehensive principles
3. ), Zi (6 years old), wife (34 years old), for this reason, the state should compensate. (A B C)
a. Death compensation B. Father's living expenses C. Son of living D. Wife's living expenses
4. Compensation- (a C)
a. Medical expenses B. Frilial income C. Disability compensation D. Living expenses
5.
a. The necessary frequent costs during the period of stopping B. All acquisition benefits during the period of suspension
c. The after -tax profit of the previous year of Factory A multiplied by the number of suspension days is calculated. Semi -compensation
. Questions and answers (40 points)
1. Callation criteria for infringement of the right of life
Answer: If you infringe on the death of life, you should pay the death compensation machine, funeral expenses, funeral expenses Essence The total amount is 20 companions of the national employee's average salary in the previous year. For those who have been raised by the deceased during their lifetime, they should pay living expenses.
2. Compensation criteria for infringement of health right
Answer: The compensation criteria for infringement of health rights is: 1. If physical damage is caused, medical expenses should be paid, and revenue that reduces compensation due to non -sensory misrepresents. The daily income compensation is calculated according to the average daily salary of employees in the previous year, and the maximum amount is 5 companions of the national average annual salary of employees in the previous year. 2. If some or all of the laborer capacity will be lost, medical expenses and disability compensation shall be paid. The maximum amount of disability compensation is part of the average annual salary of the country's annual employees in the previous year, and the maximum amount of all the labor capabilities is 20 times the average annual salary of the national employee in the previous year. Those who lose their ability to lose their ability should be paid for living expenses for people who have no labor ability.
3. The compensation criteria for infringing property rights
Answer; the first is the standard of damage, loss or auction of property, if the property that should be returned and cannot be restored to the original state, the corresponding compensation shall be imposed in accordance with the degree of damage; If the property that should be returned is lost, if the negative phase and the compensation, if the property is damaged or lost in addition to the seizure, seizure, and freezing, the corresponding money shall be compensated; if the property has been auctioned, the money to pay for the purchase is paid.
It is a compensation standard for revoking licenses and licenses in violation of the law, or ordering the loss of losses caused by the suspension of production and suspension.
4. Remedy for the damage to reputation and honor
Answer: According to Article 30 of the National Compensation Law, the administrative organs and their staff, judicial organs and their staff have taken detention or illegal adoption. Administrative compulsory measures to restrict the personal freedom of citizens, illegally detain or illegally deprives personal freedom in other ways, misunderstandings, misunderstandings, non -guilty misrepretions, and punishment have been implemented. Those who are damaged shall be within the scope of infringement, the impact of the victim, restore reputation, and apologize.
. Analysis case (15 points)
Li was beaten by police A by the police in the detention center. Essence Q: How to deal with this case? Why?
: Police A's behavior belongs to the staff of the judicial organs to exercise its powers illegally and causes Li's physical damage with violence. The judicial organs are compensation obligations, and they should compensate for physical damage caused by violations of Li's health due to illegal acts (Li Mou's lifelong disability, and has lost all of his labor capacity).
The specific compensation measures are: According to Article 27 of the State Compensation Law, the judicial organs shall pay Li Mou's medical expenses 60,000 yuan, and pay the country's average annual salary of 20 times the disabled compensation compensation for the previous year's employees. At the same time, when Li's mother pays living expenses until her death, her daughter pays for her living expenses until the age of 18.
[National Compensation Law] Shape Examination:
(Chapter 1-3)
. Single choice questions: 2 points per empty, a total of 10 points
1, C
2, a
3, a
4, b
5, a
, multiple choice questions: 3 points per empty, a total of 15 points
1, AC
2, BCD
3, ABCD
4, BD
5, ABCD
three, noun explanation: 5 points for each question, a total of 25 points
1, national compensation:
in a broad sense, state compensation is compensation for infringement damage with the state as the subject of compensation. In other words, compensation made by the state treasury or state property can be called national love compensation.
The narrow state compensation refers to: in accordance with the provisions of the State Compensation Law, the state passes the legal rights of citizens, legal persons, and other organizations by the State Compensation Law of the State Compensation Law. Compensation with.
2. Administrative compensation:
The infringement damage due to national administrative agencies, national civil servants, and other official executive agencies and personnel, or in the country under their management or supervision to others compensation.
3, National Compensation Law:
The national compensation law refers to the sum of various legal norms and jurisprudence involving national compensation liability.
The national compensation law in general referring to the national compensation codes, that is, legal documents, conditions, scope, standards, methods, and procedures for state compensation liabilities in accordance with the legislative procedures. Basic laws.
4, business fault:
The so -called official business error refers to the lack of normal standards for official activities.
5. Vocational violations:
The so -called illegal behavior refers to the act of illegal execution.
. Four, short answering questions: 10 points for each question, a total of 30 points
1, the basic characteristics of compensation?
1. This recovery and make up for people's conscious behavior.
. This kind of recovery and compensation is a person who is harmful to others and the damage to power and interests. rn 三、这种恢复与弥补具有经济内容，它或是使受害人的财产得到修复，或是向受害人返还原物以及交付与受损原物等价的其他财务，或是向The victim pays a sum of money and so on.
2. The difference between state compensation and state compensation?
. The reasons for state compensation (infringement that causes national compensation liability) must have illegal or other non -difficult properties (if there are faults or management defects); nature. In other words, state compensation is caused by the act of exercising illegal law, and national love compensation is caused by legitimate exercise of national power.
. The scope of state compensation includes both the damage to the personal rights of the person and the damage to the property rights, and the state compensation is usually only for the loss of property rights;
. The object of state compensation is specific, state compensation Most of the objects are not specific, with universality
. The purpose of state compensation is to restore the illegal consequences of the illegal consequences, so that the legitimate rights and interests of the victim can be restored or compensated. Enhance the public interests of society and create new legal relations. State compensation is positive, and the purpose of state compensation is negative.
5. State compensation occurs after the damage is occurred, and state compensation usually occurs before the damage is generated; the state compensation amount is limited to reality and direct damage, while state compensation is reached in accordance with the law and between the parties and the parties first. The compensation agreement is determined.
6. State compensation disputes can be resolved through litigation channels, and national compensation disputes generally do not solve through litigation channels.
3, the basic characteristics of the National Compensation Law?
1. The national compensation law has a systematic codes, and the civil infringement compensation law usually does not have a special form of codes, which are generally stipulated in the civil code; The laws of laws are integrated, and the law of civil infringement compensation is the standard of physical law;
It, the adjustment object of the National Compensation Law is due to state organs and their staff to form a state of defense compensation. Balance and take into account the balance of personal interests, and the adjustment of the civil infringement compensation law is the relationship between infringement damage compensation between equal subjects that has nothing to do with the use of national power. The problem of coordination of the phase coordination.
5. Discussion Questions: 20 points
The principle of national compensation:
Answer points:
1. Definition: The principle of accountability for state compensation is to determine the state's liability for compensation The basis for determining and pursuing the liability for state compensation reflects the country's value orientation.
2. Main types: (1) The principle of illegal attribution refers to the principle of determining the liability for national compensation with the illegality of the national organs and their staff. (2) The principle of fault liability refers to the principle of blame for determining the liability for national compensation when exercising the authority of state organs and their staff when exercising its powers. (3) The principle of no error liability means that the fault of the state organs and their staff when exercising its powers as the principle of determining the liability of state compensation. (4) The principle of fair liability refers to the principle of being responsible for the infringement and the victims when the infringer and the victim have no fault when they have no fault.
3, the choice of physical law: According to Article 2 of the National Compensation Law, the principle of illegal attribution of state compensation in my country, whether the behavior of the national organs and its staff is illegal. standard.
4. The advantages of the principle of illegal accountability: (1) consistent with the principles of rule of law, the principles of administrative principles in accordance with the law, and the constitutional provisions, and coordinated with the administrative litigation law. (2) Simple and clear, easy to accept, and strong operability. (3) Avoid the difficulty of fault liability in terms of identification. (4) It is conducive to protecting the legitimate rights and interests of citizens, legal persons and other organizations, and conducive to the victims to exercise the right to compensate for national compensation.
5. The problem of illegal attribution: (1) Broad explanation of illegal illegal explanation. Violations not only refer to the clear legal norms, but also include the general principles of violations of the law and the reasonable obligation to pay attention to the legal attention of specific people. (2) It should be supplemented with other principles of accountability. In the areas of danger liability and risk responsibility, the principle of non -fault liability is adopted to implement the upside -down liability of proof; the principle of illegal liability and the principle of fault -free liability is not applicable, but the principle of fair liability is implemented when compensation is not given compensation and harmful to fairness. (3) The scope of free discretion shall be limited. If the abuse of free tailoring, if it is not justified, it is deemed to be illegal and should also be compensated.
In Dapa Paradise [National Compensation Law] Shape Examination operations 2:
(Chapter 4-6)
. A total of 20 points
1, a
2, b
3, c
4, b
5, b
6, b
7, d
8,, dt
8, D
9, b
10, b
, multiple choice questions: 3 points per empty, a total of 30 points
1, BD
2, ACD
3, AD, AD, AD
4, ABD
5, ABC
6, ABCD
7, ABC
8, ABCD
9, ABCD
10, AD
three, noun explanation : 5 points for each empty, a total of 25 points
1, free tailoring behavior: refers to the correct behavior that the administrative organ considers it to meet the administrative purpose within the scope of the law.
2. The principle of administrative processing before litigation: Before the administrative compensation requestant filed an administrative compensation lawsuit, the administrative compensation obligations should be required to request compensation, and the administrative organs shall deal with it according to law.
3. Administrative recovery: refers to the legal system of civil servants, entrusted organizations and personnel who have ordered a part of the compensation fee after paying compensation for compensation for administrative compensation requests to pay compensation fees.
4. Emergency risk aversion: refers to the risks of the administrative organs in order to make public interests from reality and emergency damage. Because this harmful behavior is legal permit, there is a effect of obstruction but illegality.
5. State liability exemption: According to national administrative compensation liability constituent elements, the state should be liable for compensation, but it is not liable for compensation due to political considerations. This situation is also called national love liability exemption.
. Four, short answering questions: 6 points for each question, 12 points
1, what are the exemptions in my country's national compensation system?
The roughly include: administrative legislative behavior, state behavior, internal administrative behavior, and free tailoring behavior.
2. In our country, what are the situations of the state's liability for compensation?
Is, the staff of the administrative organs have nothing to do with their powers.
. The behavior of citizens, legal persons, and other organizations is only damaged.
It, other circumstances stipulated in the law.
5. Case analysis (13 points)
At about 10 pm on October 18, 1996, Xu Chenghai hired driving Fujian E35-10803 Liuzhou Wuling Xiaoda Van to Fengtou Village, Mantou Township, Yunxiao County When the client was waiting for the return of the customer, the Public Security Police Station of the Mabu Township believed that Xu Chenghai's trace was suspicious and seized the car. On November 1, 1996, Xu Chenghai received the deducted vehicle according to the notice of the Public Security Police Station. However, during the seizure of the vehicle, the vehicle was used in the Martin Township Police Station. Traffic accidents occurred during use, causing the vehicle collision to be damaged. The Martu Township Police Station was notified to return the damaged vehicles before it was returned. Xu Chenghai filed a compensation application to the Yunxiao County Public Security Bureau on January 17, 1997, and the Yunxiao County Public Security Bureau did not make a compensation decision within the statutory period. On May 3, 1997, Xu Chenghai then filed an administrative compensation lawsuit on the grounds that the vehicle collision was severely detained and used by Xu Chenghai's vehicles in Yunxiao County, causing the vehicle collision in a traffic accident to be severely damaged and severely damaged. The Public Security Bureau compensated Xu Chenghai's vehicle for damage to 1,3620 yuan. The vehicle was forced to suspend operation and caused economic losses of 7,500 yuan, and the travel fee was 3,500 yuan, totaling 24620 yuan.
The Yunxian County People's Court considers that: the Martu Township Police Station of the Public Security Bureau of Yunxiao County illegally seized the plaintiff's vehicle and used the car to cause damage to Xu Chenghai's vehicles and violated the law. Article four of the administrative agencies and their staff when exercising administrative powers illegally shall be subject to administrative coercive measures such as seizure, seizure, and freezing of property, and the victim has the right to compensate for compensation; If a staff member exercises the legal rights of citizens, legal persons, and other organizations, the administrative authority will cause damage, and the administrative organ shall be responsible for administrative compensation for the administrative organ as a compensation obligation authority. Later, the parties to the people's court reached an agreement: The defendant Yunxiao County Public Security Bureau paid the plaintiff Xu Chenghai for RMB 10,000 on the date of the mediation agreement. The agreement between the two parties complied with the relevant provisions of the law. After the mediation is signed by both parties, it has legal effect.
1. Does the plaintiff have the right to request compensation?
2. Who should be responsible for administrative compensation liability?
3. Can the people's court be prescribed by the administrative compensation lawsuit?
The basic points of case analysis:
1. The plaintiff has the right to compensate for compensation due to the seizure of its vehicle and damage due to the Public Security Police Station. Article 4 of the State Compensation Law stipulates that when administrative authorities and their staff are exercising, administrative coercive measures such as seizing, seizure, and freezing of property are illegally seal, and the victims have the right to compensate for compensation. In this case, the plaintiff Xu Chenghai was hired to drive to Chiling Natural Village of Fengtou Village, Maopu Township. After the car was deducted, the public security police station used the vehicle and caused damage to the vehicle due to a traffic accident. The behavior of the public security police station and the use of the vehicle are all illegal. The plaintiff had the right to compensate for the losses caused by the public security organs during the deduction of the vehicle and the loss of vehicle damage, and other losses caused by the behavior. The defendant had confirmed the law of the disposal of the vehicle disposal of the agency and should be compensated. However, it was believed that the plaintiff's request for compensation exceeded the law. Therefore, the two parties had objections. The plaintiff filed a lawsuit.
2. The defendant sent an agency to seize the vehicle illegally and cause the plaintiff's damage. The administrative compensation liability shall be borne by the defendant. Article 7 of the State Compensation Law stipulates: "If the administrative organs and their staff exercise the legal rights of citizens, legal persons, and other organizations, the administrative organs will cause damage. Is it a good defendant? In other words, should this case take the Malaysian Township Public Security Police Station as a compensation obligation or authority, or should it be based on the dispatch agency of the dispatch agency, the Yunxiao County Public Security Bureau as the compensation obligations? Some opinions believe that the case of the plaintiff's seizure of vehicles and using the vehicle is the behavior of the Public Security Police Station of the Mamu Township. According to the relevant laws, the Public Security Police Station can make a warning to the administrative counterpart in the name of the Public Security Police Station, a fine of less than 50 yuan below 50 yuan Waiting for punishment, with the qualifications of administrative subjects, this case can be the public security police station as a compensation obligation authority. The court trial believes that the police station as the police officer of the county public security bureau, although the authorization of the law has certain administrative penalties, so it can make administrative penalties in their own name, but the laws and regulations have not given the public security disposal agencies under such circumstances. The power of compulsory measures such as transportation vehicles should be regarded as the behavior of the police -the Public Security Bureau. Therefore, the county public security bureau is the qualified defendant in this case, that is, the compensation obligations should be the county. The Public Security Bureau is responsible for administrative compensation.
3. The people's court may host the mediation on administrative compensation lawsuits. The parties reach a compensation agreement to mediate the case.
Article 67, paragraph 3 of the Administrative Procedure Law stipulates: "Compensation litigation can be used for mediation." The court tried the case after publicly, and on the basis of clarifying the facts and distinguishing between right and wrong, the defendant should compensate the plaintiff compensation for compensation. The amount of the amount is mediation. The two parties to the lawsuit reached a compensation agreement: The defendant Yunxiao County Public Security Bureau paid the plaintiff Xu Chenghai RMB 10,000 on the date of the mediation agreement. The above agreement complies with the law, and the Yunxiao County People's Court confirmed and produced administrative compensation mediation.
1. Who can Zhang ask for compensation? What is the legal basis for the legal basis?
: Zhang can ask the State State for compensation from the Industrial and Commercial Bureau and the Public Security Bureau. Illegal administrative actions of infringement of human rights (1) Administrative mandatory measures to restrict the personal freedom of citizens by illegal detention or illegal detention or illegal law. The behavior of the Industry and Commerce Bureau is in line with the illegal administrative acts that violate property rights stipulated in the State Compensation Law. (2) Implementation of fines, revoking licenses and licenses, or ordering suspension of production and suspension, confiscation of property for administrative penalties.
2. What should be dealt with in this case? What are the legal basis?
: The public security organs and the Industrial and Commercial Bureau should compensate state compensation for the damage caused by their behaviors. The public security organs should be compensated in accordance with the number of days being detained by Zhang, and the daily compensation is calculated in accordance with the average daily salary of employees in the previous year. And within the scope of infringement, it should be eliminated for the victims, restored reputation, and apologized. The Industry and Commerce Bureau should compensate for the necessary regular costs during the period of suspension of production. Direct losses restricted at the minimum — the necessary frequent costs during production and business.
In Dadajan [National Compensation Law] Shape Test Harbilities:
(Chapter 7-12)
. Single choice questions: 2 points for each empty, 20 points for a total R n1, C
2, d.
3, d
4, d
5, c
6, c
7, a
8, a
9, d n10, d
. Multiple choice questions: 3 points per empty, a total of 30 points
1, AD
2, ABC
3, d
4, ABCD
5, BCD
6, AC
. The noun explanation: 5 points for each question, a total of 25 points
1, the scope of criminal compensation: Also known as the scope of compensation for injustice, refers to the scope of the national criminal compensation liability.
2. Reconsideration procedures for criminal compensation: Refers to the requestant's obligation agency to compensate for compensation requests, and the compensation obligations shall not pay compensation, or the requestant has objections to the compensation obligations when the compensation amount has objections, and the compensation obligor agency of the compensation obligor authority The application for reconsideration shall be made by the reconsideration authority to make a decision on the dispute over the dispute.
3. Criminal compensation requestant: that is, organs and staff who have exercised the authority of investigation, prosecution, trial, and prison management illegal infringe on their personal rights and property rights when exercising their powers The requests, including natural persons (citizens), legal persons and other organizations.
4. Criminal damage compensation procedures: refers to procedures for the state's compensation for the state's legitimate rights and interests of citizens and organizations due to the legal rights and interests of citizens and organizations in the process of criminal lawsuits.
5. The validity of the State Compensation Law: The scope of the application of the State Compensation Law refers to the state compensation law suitable for those places, who is applicable to the legal effect, including the space effectiveness of the state compensation law, including the national compensation law. , Effectiveness and Top Ten Effects.
. Four, short answering questions: 8 points for each question, a total of 16 points
1. The characteristics of national compensation applicable:
. Compensation obligations and their staff.
I. The application of the State Compensation Law is national compulsory.
It, the application of the State Compensation Law is in terms of its activities. It is a activity that uses national organs to apply national compensation legal specifications to specific facts. It is a legal activity that uses state power to use national power.
If, it is precisely because the application of the State Compensation Law has the characteristics of using the general provisions of the compensation law to the specific facts, and the institution and their staff who require the application of the State Compensation Law to make initiative and creative activities in accordance with the law to make initiative and creative activities in accordance with the law. There must be an objective and comprehensive analysis of the specific situation, and a complete and accurate understanding of the legal norms of the state compensation.
2. In our country, what are the issues of the state that do not assume the liability for criminal compensation?
. Because citizens themselves deliberately made a hypocritical confession, or forged other evidence of guilty evidence, they were detained or sentenced to punishment.
. Those who are not liable for criminal responsibility in accordance with Article 17 and 18 of the Criminal Law are detained.
. Those who are not investigated in accordance with Article 15 of the Criminal Procedure Law are detained.
. The staff of the formal reconnaissance, procuratorial, trial, and prison management authority of the form of forms have nothing to do with personal behavior of exercising their powers.
5. Damage caused by intentional behaviors such as citizens and self -harm.
6. Other circumstances stipulated in the law.
5. Case analysis (9 points)
Cao Jingxue, male, 39 years old, Han nationality, Lawyer of the Gongling City Law Firm, compensation request Cao Jingxue on July 19, 1997 on the grounds of applying for criminal compensation. The People's Procuratorate of the Princess Ridge City is required to compensate 2.5 million yuan in losses caused by the wrong case to the request person, and apologize to the request to restore the reputation to the requestant. The People's Procuratorate of the Princess Ling City did not make a decision. Cao Jingxue applied for reconsideration to the Siping People's Procuratorate on October 15, 1997, and the Siping People's Procuratorate did not make a review decision. The compensation requestant then filed an application for economic compensation to the Siping Intermediate People's Court on January 5, 1998 on the grounds of innocent arrest. The application items are: 1. The actual expenditure of 13,000 yuan during 13 months; 2. The salary subsidy of 325,000 yuan during the injustice period; 3. The treatment of a variety of diseases and food subsidies for unjust prisons; 129,500 yuan; 4. Due to the impact of injustice on the profession of lawyers (75,000 yuan per year, 31 years), the loss of 2.325 million yuan, the total of 2.5 million yuan in the above request matters. The compensation committee of the Siping Municipal Intermediate People's Court found out that the compensation request Cao Jingxue was criminally detained by the Public Security Bureau of the Princess Ridge on June 5, 1996, and was arrested by the People's Procuratorate of the Princess Ridge on June 20, 1996. The Procuratorate Procuratorate on July 3, 1997, made a decision not to prosecution on the grounds that the evidence of conviction was insufficient and did not meet the conditions of the prosecution. It was released by the Detention Center of the Princess Ridge Public Security Bureau on July 4, 1997.
1. Does Cao Jingxue have the right to claim criminal compensation?
2, Cao Jingxue requested criminal compensation to meet the legal procedures?
3, how should the compensation amount be calculated?
The basic points of case analysis:
1. Cao Jingxue, Cao Jingxue of compensation, has the right to claim criminal compensation in accordance with the law. Article 15 of the "National Compensation Law of the People's Republic of China" stipulates: "The organs and staff who exercise the authority of investigations, prosecution, trials, prison management authority have one of the following infringement of personal rights when exercising their powers. Rights: (2) Mistake arrests for people who have no criminal facts. " Cao Jingxue, a criminal compensation requestant in this case, was detained by the Princess Public Security Bureau on June 20, 1996. On June 20, 1996, he was arrested for suspected corruption by the People's Procuratorate of the Princess Ridge. On July 3, 1997, the People's Procuratorate of the Princess Ridge City made a decision not to prosecute, and was released by the Princess Ridge Public Security Bureau's detention center on July 4, 1997. Cao Jingxue was arrested by mistake, restricting personal freedom for 394 days, and obtained the right to request compensation from the Procuratorate of the Princess Ridge City in accordance with the law.
2. Cao Jingxue requested criminal compensation cases to meet the legal procedures. Cao Jingxue, the requestant of compensation, was arrested for mistakes. On July 19, 1997, the People's Procuratorate of the Princess Ling City of the compensation obligations requested compensation. Applying for reconsideration, the reconsideration agency has not made a decision within the time limit, so it will submit a compensation request to the compensation committee of the Ziping Intermediate People's Court where the reconsideration authority is located. The actions of Cao Jingxue, a compensation request, fully in line with Article 20, 21, and 22 of the National People's Republic of China.
3. The People's Procuratorate of the Princess Ridge City implemented an error arrest. The innocent restrictions of compensation request Cao Jingxue's personal freedom of 394 days. According to this, the compensation committee of the Siping Municipal Intermediate People's Court decided that Cao Jingxue was compensated by Cao Jingxue 10,035 in accordance with Article 25 and 26 of the National People's Republic of China. 18 yuan, no support for other compensation requests.
1. What law should Yang make compensation requests in accordance with the law?
The request for compensation shall be filed in accordance with the National Compensation Law
2, Yang Mou should make compensation requests to?
This points: If the second instance is not guilty, the people's court with the first instance judgment and the organs that make the arrest decision are jointly compensated the obligations. That is, the District People's Procuratorate and the District People's Court.
3. In view of the auction of 50 color TVs, how should the money be processed?
This points: The money has been auctioned, and the money obtained by paying the auction.
4. How to calculate the compensation for the loss of Yang's wrong detention?
This points: Generally, money compensation is generally adopted. The daily compensation is calculated in accordance with the average daily salary of employees in the previous year.
In Dapa Paradise [National Compensation Law] Shape Examination operation 4:
(comprehensive question)
. The choice of indefinite items: 3 points for each empty, a total of 30 points, a total of 30 points, a total of 30 points, a total of 30 points, a total of 30 Sub -
1, ABC
2, ABCD
3, ABC
4, c
5, a
6, a
7, a C
8, AD
9, ABCD
10, ABCD
. The noun explanation: 5 points for each question, a total of 25 points
1, death compensation: also known as death pension. my country's State State Compensation Law has not made specific provisions on the amount of death compensation, which needs to be improved by the summary exploration in practice and then formulated the corresponding implementation rules.
2. Restricting prevention function: Refers to the prevention and control of state organs and their staff in the position of state compensation, and promote the role of state organs to strengthen internal supervision and national staff to strengthen self -discipline.
3. Power relief function: Refers to the illegal violations of the duty of the state organs or the staff of the state organs by the legal rights and interests of the organization. Give recovery or make up.
4. Legislative compensation: That is, the state's compensation for damage caused by the exercise of the legislative authorities.
three, short answering questions: 8 points for each question, a total of 32 points
1, what are the main characteristics of the national compensation system of the United Kingdom and the United States?
1 is the same as the country in the same way in the same situation, that is, the principle of state compensation and civil compensation is exactly the same. Compensation is subject to subjective fault liability;
three is that the scope of national liability exemption is still very large, and there are many columns of state compensation;
. Although the state compensation is strict, the amount of compensation is often very large, and France with France. The state compensation is wide, but the amount of small amounts is generally compared.
2. What are the principles of compensation standards in various countries?
I is the principle of punishment, referring to the punishment of the amount of compensation limit standards for infringement.
It is the principle of compensation, which refers to the loss of compensation to make up for the loss of the victim.
three is the principle of consolation. This principle believes that state compensation cannot be fully remedied on the actual loss of the victim. The compensation amount can only be limited within the scope of the actual loss. Although it should be compensated as much as possible, it is not necessary to make full compensation.
3. What are the ways of compensation in my country?
1 is money compensation; the second is to restore the original state; the third is to return the property.
4. What are the management methods for compensation expenditure abroad?
I. The central government has a coordinated compensation budget.
. Governments at all levels are set up for compensation budgets, and each will be liable for compensation for the damage caused by the institution.
. The state established a special fund. The state and the compensation obligations are combined with the joint burden of compensation costs. The characteristics of this model are that the compensation funds are generally borne by various government agencies.
. Compensation costs are paid through insurance channels.
. Case analysis (13 points)
On the morning of April 18, 2001, Wang and Chu set up stalls on the provincial road early. Let them leave immediately after cleaning. When the law enforcement player replaced the uniform to appear again, Wang and Chu had not left yet. The law enforcement team immediately stated that it would deal with it. At this time, there was just a garbage clearance vehicle (a special vehicle with a scraper to turn on the hydraulic device). Selling leftovers and other cars were destroyed in the car pockets of the rear part of the Qingyun garbage truck. When the Qingyan worker was put on the chopping board for Wang Mou and Chumou into the garbage car, Wang and Chu snatched the chopping board from the garbage truck. Just as Wang and Chu grabbing the case board, the law enforcement team overturned the tricycles they used early. As a result, the Qingyan workers threw the lids, oil pots and cakes on the ground into the car pocket. When picking up the lid, the right arm was clamped by the scraped board that had already been launched, and the doctor was diagnosed as: "The right humerus bone fold with radial nerve damage". Chukou is hospitalized for a total of nearly 4,000 yuan. On May 21, Wang and Chu did not accept it, and asked the city government to raise administrative reconsideration in accordance with the law, asking for compensation for medical expenses and misunderstanding costs.
1. Is the behavior of law enforcement players illegal law enforcement?
2. Is the arms being pressed and injured? Is it the scope of the state compensation? Should the medical cost and misunderstanding fee be compensated?
Case analysis Basic points:
1. This case is a typical uncivilized law enforcement case. The law enforcement team is undoubtedly illegal law enforcement.
2, storage of a certain arm was crushed and injured, not a state compensation. Reasons: First, the law enforcement team members directly infringe on property rights rather than personal rights. According to the relevant provisions of the "National Compensation Law of the People's Republic of China", when administrative organs and their staff are exercising administrative powers, if they violate property rights, they should deal with the victims for property compensation. In response to the victim's medical expenses and misunderstandings, compensation. In this case, the law enforcement team members instructed the non -law enforcement personnel to destroy the property of the subjects arbitrarily, and did not instigate non -law enforcement personnel to clean up the scraper of the scraping of the car. Compensation is only a compensation for damage to property. Second, the storage of a certain arm was pressed and the illegal law enforcement of law enforcement players did not have the necessary causal connection. Indeed, if there is no illegal law enforcement of law enforcement players, that is, instructed non -law enforcement officers to remove Wang and Chumou's early use of appliances and foods for cleaning the car, and will not recover the Wang and Chumou recovered himself. The matter of property will not cause a scene of a certain arm, but it is not to say that as long as the law enforcement team members illegally enforce the law, it will inevitably lead to the result of the storage of a certain arm. There is no necessary causal connection between the two. Because of the consequences of law enforcement law enforcement law enforcement, the law enforcement persons can seek multiple relief channels to solve it. If they can apply for reconsideration from relevant authorities; they can also file an administrative lawsuit with the people's courts and provide state compensation for the damaged property. In this case, Wang and Chumou's way of picked up the property by themselves to hinder law enforcement is the most indispensable. The consequences of their behavior should also be borne by themselves. Third, the state will not compensate for the damage due to the behavior of the law enforcement. According to Article 5 (2) of Article 5 (2) of the "National Compensation Law of the People's Republic of China": "Due to the incidence of damage due to the behavior of citizens, legal persons, or other organizations, it is not a state of compensation and no compensation.
LZ after a year, your answer has been found? Now I want to do the 3 tasks. I can't find the answer for a long time. Can you send it to me?