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What conditions must be met to apply for administrative compensation

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What conditions must be met to apply for administrative compensation


        

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  • 2024-05-26 14:02:02

    The application for administrative compensation must meet the following conditions:

    (1) The claimant for compensation must be a citizen, legal person or other organization directly infringed by the specific illegal administrative act of the industrial and commercial administrative authority.

    If the aggrieved citizen dies, his heirs and other relatives who have maintained him may be the claimants for compensation; If the infringed legal person or other organization terminates, the legal person or other organization that inherits its rights may act as the claimant for compensation.

    (2) There is a clear compensation obligor, and one of the compensation obligors is the industrial and commercial administrative authority.

    (3) There are specific requests, factual grounds and reasons.

    (4) The specific administrative act has been confirmed as illegal according to law.

    (5) Within the application period specified by law.

    [Legal Basis]

    According to Article 3 of the State Compensation Law, if an administrative organ and its staff violate their personal rights in one of the following ways when exercising their administrative functions and powers, the victim has the right to obtain 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.

    y***

    2024-05-26 14:02:02

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