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What is the scope of administrative compensation

Sclera** Fujian Ningde Administrative compensation consultation 2024.05.15 12:34:00 468 people read

What is the scope of administrative compensation

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Region: Sichuan Chengdu

The specific contents of administrative compensation include but are not limited to the following:
First, if the administrative agency and its related public servants violate the legal procedures to detain or impose improper coercive measures on citizens' personal freedom, it will constitute administrative tort liability;
Secondly, such as illegal detention or deprivation of citizens' personal freedom by other means without authorization;
Finally, if the administrative department or its employees have behaviors that endanger the rights of others, such as hurting citizens' health by violence or abuse, or even leading to their death, this also belongs to the scope of application of administrative compensation.

2024-05-15 17:03:05 Reply
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Region: Jiangxi Jiujiang

Resolution:
The scope of administrative compensation mainly includes the following aspects:
First, if the administrative organ and its staff violate the law when exercising their functions and powers, they implement detention or take compulsory measures to restrict citizens' personal freedom;
Secondly, it refers to illegal detention or any other form of illegal deprivation of personal freedom of citizens;
In addition, it also includes violations of personal rights through violent acts such as beating and maltreatment, or instigating or allowing others to commit similar violent acts, resulting in citizens being injured or even disabled or killed.
Legal basis:
Article 3 of the State Compensation Law of the People's Republic of China
If an administrative organ or its staff member infringes upon personal rights in one of the following ways when exercising its administrative functions and powers, the victim shall have the right to compensation:
(1) Illegal detention or illegal adoption of compulsory administrative measures restricting citizens' personal freedom;
(2) Illegally detaining or illegally depriving citizens of their personal freedom by other means;
(3) Causing physical injury or death to citizens by beating or maltreating others or instigating or indulging others to do so;
(4) Illegally using weapons or police apparatus to cause physical injury or death to citizens;
(5) Other illegal acts that cause physical injury or death of citizens.

Reply at 12:36:00 on May 15, 2024

According to your answers to the following questions, what are not included in the scope of heritage According to laws, regulations and judicial interpretations, the following properties cannot be included in the scope of heritage and are not included in the scope of heritage: 1、 When national or collective workers die on business, soldiers die or die of illness, or citizens die of traffic accidents or other accidents, relevant state organs, enterprises and institutions, and social organizations will give the deceased care before death in accordance with the provisions of the national labor insurance law, the provisions of military sacrifice and sick pension, the provisions of the traffic safety law, or other relevant legal provisions A certain amount of pension and other living allowances for the family members who support and support them. Because the nature of these pensions is not the economic compensation for the personal interests of the deceased, but the spiritual consolation and material help given by the state to the specific family members of the deceased, which should be directly enjoyed by the relevant personnel and not belong to the personal property left by the deceased. 2、 Life insurance benefits. According to the provisions of the Insurance Law, if the insured appoints a third person as the beneficiary of his life insurance contract, if the insured dies, the beneficiary can directly request the insurer to pay insurance benefits to him, which are not included in the scope of the insured's estate. Of course, if the insured does not designate a beneficiary, the insurance benefits are still within the scope of the insured's estate. It should be noted that if the family property is not divided, the property should be analyzed first to determine which property belongs to the deceased. Only the property belonging to the deceased can be included in the scope of inheritance. The property donated by the deceased to others shall not be included in the scope of inheritance. The property with only the right of use but no ownership can not be regarded as heritage (such as leased houses, contracted land, private plots, fish ponds, etc.). Cultural relics, files, documents, objects, etc. that should be preserved by the state as identified by the relevant state organs should be owned by the state and not included in the heritage. After being handed over to the state, the remuneration given by the relevant authorities may be included in the scope of heritage. The rights and obligations associated with the person cannot be included in the scope of the estate (such as the maintenance fees and disability assistance fees paid by the state to the deceased before his death). The pensions and subsidies for family living difficulties received by the family members of the deceased after their death, which are used by the state to compensate and help the deceased to support families with living difficulties, minors who depend on the deceased to live and relatives who have lost their ability to work, also do not belong to the scope of inheritance. In case of the death of one spouse, some necessities of life when the husband and wife live together should not be divided as inheritance in principle, but should be left to the spouse of the deceased to continue to use, which does not belong to the scope of inheritance.

According to your answers to the following questions, what are not included in the scope of heritage According to laws, regulations and judicial interpretations, the following properties cannot be included in the scope of heritage and are not included in the scope of heritage: 1、 When national or collective workers die on business, soldiers die or die of illness, or citizens die of traffic accidents or other accidents, relevant state organs, enterprises and institutions, and social organizations will give the deceased care before death in accordance with the provisions of the national labor insurance law, the provisions of military sacrifice and sick pension, the provisions of the traffic safety law, or other relevant legal provisions A certain amount of pension and other living allowances for the family members who support and support them. Because the nature of these pensions is not the economic compensation for the personal interests of the deceased, but the spiritual consolation and material help given by the state to the specific family members of the deceased, which should be directly enjoyed by the relevant personnel and not belong to the personal property left by the deceased. 2、 Life insurance benefits. According to the provisions of the Insurance Law, if the insured appoints a third person as the beneficiary of his life insurance contract, if the insured dies, the beneficiary can directly request the insurer to pay insurance benefits to him, which are not included in the scope of the insured's estate. Of course, if the insured does not designate a beneficiary, the insurance benefits are still within the scope of the insured's estate. It should be noted that if the family property is not divided, the property should be analyzed first to determine which property belongs to the deceased. Only the property belonging to the deceased can be included in the scope of inheritance. The property donated by the deceased to others shall not be included in the scope of inheritance. The property with only the right of use but no ownership can not be regarded as heritage (such as leased houses, contracted land, private plots, fish ponds, etc.). Cultural relics, files, documents, objects, etc. that should be preserved by the state as identified by the relevant state organs should be owned by the state and not included in the heritage. After being handed over to the state, the remuneration given by the relevant authorities may be included in the scope of heritage. The rights and obligations associated with the person cannot be included in the scope of the estate (such as the maintenance fees and disability assistance fees paid by the state to the deceased before his death). The pensions and subsidies for family living difficulties received by the family members of the deceased after his death, which are used by the state to compensate and help the deceased to support families with living difficulties, minors who depend on the deceased to live, and relatives who have lost their ability to work, also do not belong to the scope of inheritance. In case of the death of one spouse, some necessities of life when the husband and wife live together should not be divided as inheritance in principle, but should be left to the spouse of the deceased to continue to use, which does not belong to the scope of inheritance.

Hello, the answer to the above question is as follows. What is the scope of corporate debt For enterprises, there are three main sources of debt: 1. Long term debt raised for strategic development 2. Short term borrowings due to insufficient short-term funds 3. Payables arising from daily operating activities Among them, the long-term loans raised for the strategic development of the enterprise are the debts that the enterprise takes the initiative to assume. They are the part that is raised in a planned and arranged way and can be repaid by using the profits obtained after the strategic development. This debt mainly corresponds to the funds raised by enterprises to purchase equipment, introduce technology, develop new products, invest abroad, adjust capital structure, etc. Short term loans refer to the funds raised outside the enterprise to deal with the shortage of short-term funds, such as the funds raised by the enterprise for cash flow or debt repayment. The payable part must be related to the production and operation process of the enterprise. Enterprise debt refers to the debt that can be measured in currency and will be paid by assets or services. The basic purpose of enterprise financing is for its own survival and development. In the continuous survival and development of enterprises, their specific financing activities are usually driven by specific financing motives. Due to the different reasons for the capital needs of enterprises, the specific motives of enterprise financing are also varied. For example, financing for purchasing equipment, introducing new technologies and developing new products; Financing for foreign investment and merger and acquisition of other enterprises; Financing for cash flow and dispatch; Financing for debt repayment and capital structure adjustment, etc.

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