State compensation refers to the compensation that should be given in accordance with law by state organs and their functionaries for damage to the personal rights or property rights of citizens, legal persons and other organizations due to the exercise of their powers. State compensation shall be performed by the infringing state organs.
Netizen consultation:
In a state compensation case, whether a party can apply for compensation for moral damages
Lawyer answers:
OK. Where administrative organs and their staffs infringe on personal rights when exercising administrative powers, or where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers and prison management organs and their staffs infringe upon personal rights in the exercise of their powers, causing mental harm, they shall, within the scope of the impact of the violation, eliminate the impact, restore their reputation, and make a formal apology;where serious consequences are caused, a corresponding solatium for mental harm shall be paid.
Where citizens submit an application for state compensation on the grounds that their personal rights have been violated, but do not request compensation for moral damages, or do not simultaneously request that the impact be eliminated, their reputation restored, a formal apology, or solatium for moral damages, the people's courts shall explain to them. Where the request is not changed after explanation, and another application is made based on the same infringement facts after the case is concluded, the people's court will not accept it.
Lawyer adds:
The amount of solatium for moral injury is generally not less than 1,000 yuan;Where the amount is 1,000 RMB or more, the unit of count is 1,000. Where the compensation claimant's solatium for moral damages is less than 1,000 RMB, and the subject matter of the request meets the circumstances of serious consequences, and it is explained that it will not be modified, it is to be paid in accordance with the amount requested.
The specific amount of solatium for moral injury shall be reasonably determined with reference to the following factors while taking into account the overall level of social development:
(a) Mental damage and serious consequences;
2) Specific circumstances such as the purpose, means, and methods of the infringement;
3) The degree of violation, the degree of fault, and the proportion of causal force of the infringing organ and its staff;
4) The original wrongful conviction charge, the severity of the punishment, and the length of detention;
5) The victim's occupation and scope of influence;
6) The cause and process of error correction;
7) Other factors that should be considered.
Legal basis] State Compensation Law of the People's Republic of China
Article 35: Where there are any of the circumstances provided for in article 3 or article 17 of this Law, causing mental harm, the victim shall be within the scope of the impact of the tortious conduct, the impact shall be eliminated, the reputation restored, and a formal apology shall be made;where serious consequences are caused, a corresponding solatium for mental harm shall be paid.
Profile of lawyer He Xin
Economic disputes such as construction projects, creditor's rights and debts.