2011 1 17, signed by Premier Wen Jiabao State Council published the The total of 14 of the Ordinance shall come into force the day of publication.
Ordinance, the purposes of these regulations state compensation costs, is in accordance with the provisions of the State Compensation Law, shall be compensation to the claimant's costs. State compensation for the expense of the people's governments at all levels of classification in accordance with the burden of the financial management system. Governments at all levels should be based on the actual situation, arrange a certain amount of state compensation expenses, included in the annual financial budget level. State compensation to be paid that year cost more than the annual budget for this level, it shall be in accordance with the provisions of timely funding. State compensation for the expense of the people's governments at all levels of the unified administration. The management of state compensation cost shall be supervised.
regulation also provides that the claimant's application for payment of state compensation expenses, to the organ for compensatory obligations should apply in writing and submitted with the application for entry into force of the verdict, reconsideration decision, the compensation decision or mediation, and the claimant's identity. The claimant may have difficulty in writing the application, may entrust another scrivener; or verbally, faithfully recorded by the organ liable for compensation, to pay the claimant may wish to check or read to the claimant by the claimant to sign it.
with text:
regulations state compensation costs
first state compensation costs in order to strengthen management, protect the citizens, legal persons and other organizations have to obtain state compensation law rights, promote the state organs exercise their powers under the
second state compensation costs of the Regulations, the term is defined in accordance with the provisions of the State Compensation Law, shall be compensation to the claimant's costs.
compensation expense of third countries, governments at all levels in accordance with the classification of the burden of the financial management system.
people's governments at all levels should be based on the actual situation, arrange a certain amount of state compensation expenses, included in the annual financial budget level. State compensation to be paid that year cost more than the budget for the year level, it shall be in accordance with the provisions of timely funding.
fourth state compensation expense of people's governments at all levels of the unified administration.
the management of state compensation cost shall be supervised.
Article claimant to apply for state compensation expenses paid, to the organ for compensatory obligations should apply in writing and submitted with the application for entry into force of the verdict, reconsideration decision, the compensation decision or request for mediation and compensation proof of identity.
the claimant has difficulty in writing the application, he may entrust others to scrivener; or verbally, faithfully recorded by the organ liable for compensation, to pay the claimant may wish to check or read to the claimant by claimant to sign it.
Article application materials are true, valid, complete application materials received organ liable for compensation shall be entertained. Organ liable for compensation for accepting applications, it shall notify the claimant.
application materials are complete organ liable for compensation on the spot or within 3 working days, inform the claimant of all materials needed to make corrections. Claimant in accordance with the requirements of organ liable for compensation to submit corrections materials, compensation is the obligation to accept material is received by corrections. Materials are not told to make corrections, the compensation obligation authority received the application materials shall be accepted.
application materials to false, invalid, authorities decided not to accept the obligation of reparation, it shall notify the claimant in writing and explain the reasons.
Article VII claimant is inadmissible on the organ liable for compensation objection to the decision, from the receipt of written notice within 10 days from the date of organ liable for compensation at a higher level authority for review. The department shall review the application receipt within 5 working days from the date of the decision according to law.
The department shall not accept that the wrong decision, it shall review the decision made within 3 working days from the date of notice received organ liable for compensation and inform the claimant. Compensation obligations shall immediately upon receipt of the notification received.
The department shall not accept maintenance of the decision, it shall review the decision made within 3 working days from the date of written notice to the claimant and the reasons.
compensation obligations of Article VIII of authority shall accept payment of the claimant within 7 days from the date of application, in accordance with the budget management authority in writing to the relevant financial departments pay the application and submit the following materials:
Article IX organ liable for compensation received by the financial sector after the application materials should be dealt with under the following circumstances:
(a) the application fee for state compensation in accordance with the budget management authority does not belong to the paid by the financial sector, should be returned within 3 working days written notice of the application materials and the organ liable for compensation have administrative rights to apply for the financial sector;
(b) of the application materials meet the requirements that the application is received To be accepted, and written notice to organ liable for compensation;
(c) does not meet the requirements of the application materials should be within 3 working days, inform the organ liable for compensation once all the materials needed to make corrections. Organ liable for compensation shall, within 5 working days to submit all corrections as required materials, the financial sector is the accepted material received corrections.
Article financial department shall accept the application within 15 days, the budget and treasury management in accordance with the relevant provisions of payment of state compensation costs.
compensation for the financial sector that the project, calculate the standard compensation for violation of state law, shall be submitted to the authority to make compensation decisions or its superior organ according to law, hold accountable the officers responsible.
Article XI from the financial department to pay state compensation fees within 3 working days from the date of this organ liable for compensation, the claimant.
organ liable for compensation of Article XII of the State Compensation Law shall be in accordance with Article XVI, 第三十一条 provisions, and ordered the staff, the entrusted organization or individual, or the staff to recover part or all State Compensation costs.
organ liable for compensation after the decision in the preceding paragraph, shall notify in writing the financial sector.
relevant staff, entrusted organizations or individuals shall be in accordance with the provisions of revenue collection, or to be paid shall bear the cost of recovery of the state compensation.
XIII organs under compensatory obligations, financial departments and their staff one of the following acts, according to
(a) the false, impersonator and other means to fraudulently obtain state compensation costs;
(b) violation of the limits prescribed by the State Compensation Law and the calculation of the standard implementation of the national financial compensation for financial losses caused by a;
(c) failing to pay state compensation costs;
(d) interception, detention, appropriation, occupation of state compensation costs;
( e) is not ordered in accordance with the provisions of relevant staff, entrusted organization or individual state compensation expense or recovery to the staff costs of state compensation;
(f) fails to comply with the provisions of the recovery shall be liable or be compensation expense, the country turned over to finance.
Article XIV of the date of publication of this Ordinance shall come into force. January 25, 1995 the State Council issued the
(Applause.)
【OF: Xinhua News Agency】 (Editor: Jiang Bo)
No comments:
Post a Comment