Revised "State Compensation Law," the official implementation of hp probook 4310s battery, today Zuigao Jian introduced the first "People's Procuratorate Provisions on State Compensation," (hereinafter "Regulations"), clearly the prosecution Compensation Commission's decision of the Court oversight responsibilities. Yesterday, Chengdu Chinese Commercial News reporters Cong Xing and Jian Chayuan informed that procuratorates at all levels have received the "provision", it will work and staffing adjusted accordingly.
Add special chapter provides oversight of compensation
Before the amendments to the "National Compensation Act" does not require the prosecution to the state compensation program supervision, although Zuigao Jian requirements have been introduced at all levels of the prosecution supervision of state compensation, but the internal regulations of other state organs is difficult constraints, monitoring force is not enough. Under normal circumstances, the court decision Compensation Commission is the "ultimate decision", the prosecution of the claimant's protection is relatively weak.
Under the revised State Compensation Law and the provisions of the Administrative Procedure Law, the Procuratorate of the legal supervision of the State Compensation includes two aspects: First, the Court of Criminal Compensation Compensation Commission to make decisions and determine compensation for non-criminal justice supervision; Second, the administrative compensation litigation supervision. According to the provincial inspection related parties, "provides that" compensation oversight dedicates a chapter to regulate them, including compensation and supervision of the admissibility of the case on file, review the modalities.
Moreover, "require" confirmation process in view of state compensation law and compensation for the cancellation of the scope of the changes, and adjust the prosecution's filing conditions. Such as the right to life and health for the request for compensation, as long as there is evidence to prove the existence of injury and death hp probook 4210s battery, it should be placed on file for processing. As to whether it is caused by the prosecutors handling the case law, then the compensation review process identified.
The new Law on State Compensation for listening and consultation provisions, "provides that" further refinement of the relevant content. When the consultation is strictly prohibited coercion to negotiation in the name of, abuse of power, coercion or non-party to give up claims against the law to engage in consultation, and harming national interests, to consult as compounding.
Not in emotional and other judicial interpretation issued
Revised State Compensation Law for the first time defined the applicant to have access to the spirit of state compensation rights of solatium. Under the new law, state organs and their staff when in exercise of powers violation of civil rights, to cause mental damage, should be within the scope of the infringement, eliminating the effects of the victims and restore the reputation of an apology; causing serious consequences, should be solatium payment of the appropriate spirit. But how to define "serious consequences" and to determine the amount of moral damage compensation for pain, the Supreme Court has not issued the relevant judicial interpretation.
According to the Chengdu Commercial Daily report, including the convergence of old and new compensation law, including a number of specific implementation details are still under development. Currently, the courts are based on the revised "National Compensation Act" to set the compensation committee of the new regulations, an entity of the Compensation Committee of the restructuring.
The revised "National Compensation Law," highlights
Abolish the "illegal" as the premise may be lost from the suspected crime
Regardless of whether the measures taken to arrest the legal, as long as the arrest of citizens, the place taken off the case, or the decision not to prosecute the case acquitted, unless exemption situations, countries should bear the liability.
Lower the threshold of the HP Pavilion tx1000 battery process applications for cancellation
"Claimant agency shall request the claimant to compensation, obligations shall make a decision within two months, if not to pay compensation in accordance with the statutory time limit or the person requesting the decision to make objection to the decision of compensation can be an authority on its application for reconsideration, and if the results of the review can also be the people's court against the Commission on claims for compensation. " Formally abolished the requirement of the confirmation process, reducing the threshold to apply for state compensation from the claim procedures simplified channel link.
Burden of proof under special circumstances
Upon the death of suspects or incapacity, unless there is evidence of organ liable for compensation not responsible for their own, or we need to bear the liability. This provision will help to curb torture, prison head prisoners suspected abuse, the behavior of tyrants.
Additional procedural requirements to avoid passing the relevant departments
Sign system and the increased duration of application and other procedural requirements of regulations, the benefit of victims relatively efficient, quick and state compensation claim, it can effectively curb the organ liable for compensation and processing of the relevant organs of the emergence of another buck-passing situations.
Compensation Act clearly seized the main canceled a common compensation
The new law "not guilty of second instance, and the second instance of innocence made after remand treatment, making the conviction of the people's court of first instance liable for compensation," the abolition of common law compensation provisions hp pavilion dv8000 battery, reducing the liability of the prosecution and more effective way to avoid the request encountered in the actual compensated "pass the buck" phenomenon.
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