Qixian County State Compensation Calculation Method
1、 Publicized data of Qixian County Statistics Bureau:
1. The per capita disposable income of the whole province in the previous year was 29178 yuan;
2. The per capita disposable income of urban households in the previous year was 39532 yuan;
3. The per capita disposable income of rural households in the previous year was 16323 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 21923 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 12091 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 52618 yuan
(2) 99948 yuan for mining industry
(3) 74758 yuan for manufacturing industry
(4) Power, heat, gas and water production and supply industry 101101 yuan
(5) Construction industry 74724 yuan
(6) Wholesale and retail trade 73526 yuan
(7) Transportation, warehousing and postal services 101149 yuan
(8) Accommodation and catering industry 39400 yuan
(9) Information transmission, software and information technology service industry 99130 yuan
(10) Financial industry 87734 yuan
(11) Real estate industry 68728 yuan
(12) 59029 yuan for leasing and business services
(13) Scientific research and technical service industry 91304 yuan
(14) 41832 yuan for water conservancy, environment and public facilities management
(15) 55581 yuan for resident service, repair and other service industries
(16) Education 80472 yuan
(17) Health and social work 83104 yuan
(18) About 64000 yuan for culture, sports and entertainment
(19) Public management, social security and social organizations 72495 yuan
2、 Qixian County State Compensation Calculation Method
（1） Infringing upon citizens' personal freedom
The daily compensation shall be calculated according to the average daily wage of the staff and workers in the previous year.
（2） Violating citizens' right to life and health
1. Causing bodily harm
(1) Medical expenses
According to the actual situation.
(2) Nursing expenses
According to the actual situation.
(3) Lost time cost
Compensation for lost income due to missed work. The daily compensation for the reduced income shall be calculated according to the average daily wage of the staff and workers of the State in the previous year, and the maximum amount shall be five times of the average annual wage of the staff and workers of the State in the previous year.
2. Causing partial or total incapacity
(1) Medical expenses
According to the actual situation.
(2) Nursing expenses
According to the actual situation.
(3) Expenses for disabled living aids
According to the actual situation.
(4) Rehabilitation expenses
According to the actual situation.
(5) Disability compensation
The disability compensation shall be determined according to the degree of loss of working ability and the level of disability prescribed by the State, and shall not exceed 20 times the average annual salary of the staff and workers of the State in the previous year.
(6) Cost of living
The payment standard of living expenses shall refer to the local minimum living security standard. If the supported person is a minor, the living expenses shall be paid until the age of 18; Other persons who are unable to work shall be paid living expenses until their death.
3. Deadly
(1) Death compensation and funeral expenses
The total amount of death compensation and funeral expenses shall be 20 times the average annual salary of the staff and workers of the State in the previous year.
(2) Cost of living
The payment standard of living expenses shall refer to the local minimum living security standard. If the supported person is a minor, the living expenses shall be paid until the age of 18; Other persons who are unable to work shall be paid living expenses until their death.
（3） Causing mental damage
(1) Eliminate influence, restore reputation and apologize
Within the scope of the impact of the infringement, the victims should be eliminated, rehabilitated and apologized.
(2) Comfort fund for mental damage
If it causes mental damage to a person and causes serious consequences, it shall pay corresponding consolation money for mental damage.
If mental damage is caused to a person and serious consequences are caused, the compensation for mental damage shall generally be less than 50% (including the original amount) of the total amount of personal freedom compensation and life and health compensation specified in Articles 33 and 34 of the National Compensation Law; If the consequences are especially serious, or if there is no case where the victim is identified as having suffered minor injury or disability, but there is evidence to prove that the above criteria are not enough to comfort, it may be determined at the discretion of more than 50%.
The specific amount of consolation fund for mental damage shall be reasonably determined with reference to the following factors while taking into account the overall level of social development:
1) Mental damage and serious consequences;
2) The specific circumstances such as the purpose, means and manner of infringement;
3) The degree of violation, fault and the proportion of causal force of the infringement organ and its staff;
4) The original misjudged crime, the severity of punishment, and the time of detention;
5) Occupation and scope of influence of the victim;
6) Cause and process of error correction;
7) Other factors that should be considered.
The amount of consolation for mental damage is generally not less than 1000 yuan; If the amount is more than 1000 yuan, the unit of measurement shall be 1000 yuan.
If the compensation claimant claims less than 1000 yuan for mental damage consolation, and the cause of his claim complies with the provisions of this interpretation and causes serious consequences, and it is clarified that he will not change it, he shall be paid according to the amount of his claim.
（4） Infringement of the property rights of citizens, legal persons and other organizations causing damage
(1) Return of property
If a fine, fine, recovery or confiscation of property is imposed or property is illegally expropriated or requisitioned, the property shall be returned.
(2) Corresponding compensation
1) In case of sealing up, distraining or freezing of property, the sealing up, distraining or freezing of property shall be lifted, and the property shall be damaged or lost according to the provisions in 2) and 3) below.
2) If the property that should be returned is damaged, if it can be restored to its original state, it shall be restored to its original state; if it cannot be restored to its original state, corresponding compensation shall be paid according to the degree of damage;
3) If the property that should be returned is lost, corresponding compensation shall be paid;
4) If the property has been auctioned or sold off, the proceeds from the auction or sale shall be paid; If the sale price is obviously lower than the property value, corresponding compensation shall be paid;
5) If other damages are caused to property rights, compensation shall be made according to direct losses.
(3) Necessary overhead expenses during production and business suspension
If the permit and license are revoked, or the company is ordered to suspend production or business, the necessary recurrent expenses incurred during the period of suspension shall be compensated.
(4) Interest
Where fines or fines imposed, recovered or confiscated money is returned, and frozen deposits or remittances are unfrozen, interest on bank deposits for the same period shall be paid.
