Article 29 The people of the court to freeze the debtor's bank deposits and other funds for periods of not more than six months, seizure, seizure of movable property for periods of not more than a year the seizure of real estate, and a freeze on other property for periods of not more than two years. laws, judicial interpretations as otherwise provided in except
apply executor to apply for an extension of the deadline, the people's court shall, seizure, attachment, freeze for renewal before the expiry of line seizure, seizure, freezing procedure, the line-continuation period shall not exceed half of the period of the preceding paragraph . undertaking
thirty seizure, seizure, freezing of the expiry of the People's Court did not apply the procedures of the extension period, seizure, seizure, freezing of the effectiveness of eradication.
the People's Republic of China on State Compensation Law administrative the compensation
Section II claims and Compensation Organization
Article 6 Victimized citizens, legal persons and other organizations entitled to claim damages. citizens
victims died, his heirs and other relatives in maintenance relationship entitled to claim damages.
victimized legal person or other organizations, termination, to withstand the rights of legal persons or other organizations entitled to claim damages of criminal the compensation
first section compensation the range
third exercise of the investigation, prosecution, trial, prison management functions of organs and their staff when exercising its powers, the following violations of property rights cases, victims have the right to compensation:
(a) illegal seizure, seizure of property taken freezing or recovering, and other measures;
of Article 17 of the following circumstances, the State is not liable for damages:
(a) intentionally made false statements by citizens themselves, or forged evidence of guilt in custody or sentenced;
(b) In accordance with Article 14 of the Criminal Code, the provisions of Article 15 is not criminally responsible person taken into custody;
(c) in accordance with the provisions of Article 11 of the Code of Criminal Procedure does not pursue criminal responsibility people in custody;
(d) the exercise of state investigation, prosecution, adjudication, prison management authority officers are personal behavior has nothing to do with the exercise of powers;
(five) because of the civic self-injury, self-mutilation and other intentional act resulting in the damage occurred; Reference (6) the law of other situation. the Chapter
compensation methods and calculation of standard
, Article 28 violations of property rights of citizens, legal persons and other organizations and causes damage, in accordance with the following provisions processing:
(1) If a fine, fine, recovered and confiscation of property, or expropriation of property in violation of the provisions of the State, assessed costs, the return of property;
(b) seizure, seizure, freezing of property, lift the seizure of property , seizure, freezing, causing property damage or loss,fradidasporschedesign.com, in accordance with the provisions of paragraph (c), (d) provide for compensation; Reference (c) shall be returned to the property damage, restitution restitution restitution accordance with the extent of the damage payment of corresponding compensation; Reference (d) shall be returned to the property, payment of appropriate compensation for loss;
(5) the property has been the auction, payment of proceeds from the auction price;
(6) revocation of permits and licenses, ordered to cease, the compensation cut-off closure period necessary overhead expenses;
(g) cause other damage to property rights, in accordance with the compensation of direct losses.
Interim Provisions of the Supreme People's Court on criminal compensation and non-criminal judicial compensation cases '(Trial) People's Court, the Compensation Committee of the People's Court of the compensation claim person filing the request in accordance with the law review, in line with the 'conditions should be filed.
Article compensation claim the person making the request to the Compensation Committee of the People's Court,Adidas Jeremy Scott, People's Court, the organ liable for compensation judicial tort should be obtained in accordance with the law to confirm.
fourth level people's court as the filing of the organ liable for compensation compensation cases by the Court of 'institutions responsible
fifth level People's Court as the organ liable for compensation the filing range of compensation cases: Reference (d) People's Court of an offense against property seizure, seizure, freezing, and recover measures to cause damage; Sixth People's Court in
receive the compensation claims of the parties, shall review, in line with the following conditions should be placed on file:
(a) compensation to the person making the request shall meet the legal requirements of the main qualifications;
(b) the Court is the organ for compensatory obligations;
(c) specific request for compensation matters and the fact basis;
(d) legally recognized in legal instruments or other evidence;
(e) compliance with the statutory request during the statutory period, failed to force majeure or other obstacles to the claims or The People's Court decided to extend the period except for the Compensation Committee of
Article 9 People's Court after the receipt of applications for compensation, shall be reviewed in line with the following conditions should be placed on file:
(a) claims to have the law subject qualification;
(b) of the organ liable for compensation to the exercise of the investigation, prosecution, trial, prison management functions and powers of authorities;
(c) the matters and the fact that the specific compensation requests;
(d) shall have the recognized legal instruments, or other supporting materials;
(5) compliance with the statutory request during the period due to force majeure or other obstacles not the statutory period, the claims or the Compensation Committee of People's Court decided to extend the period except;
(6 ) organ liable for compensation to the organs of investigation, prosecution, prison management, the decision of compensation or overdue compensation decisions, the compensation to the person making the request, apply for reconsideration, is still not satisfied by the review or reconsideration organ fails to make a reconsideration decision; organ liable for compensation is the people Court's decision of compensation, compensation who refuses to accept, or the people's court fails to make compensation decisions;
(7) comply with the State Compensation Law and the judicial explain the provisions of the retroactive effect of the State Compensation Law.
Article 12 of the decision to initiate, should be compiled file number, fill in the 'registration form, case acceptance notice issued to the claimant.
People's Court of the Compensation Committee decided to file a case should also be sent to the organ liable for compensation, the reconsideration organ accepted notice of the case, and served on the compensation for a copy of the application.
Article 14 does not meet the conditions placed upon examination, it shall make inadmissible cases notice. Article 15 higher people's court Compensation Commission in
lower-level people Court, lower courts Compensation Commission compensation cases' the work of supervision and guidance. compensation
organization that the duties of the People's Court and its staff violations of their legitimate rights and interests to bring state compensation request, in addition to the circumstances prescribed in Article 5 hereof, shall first apply for Article
citizens, legal persons or other organizations believe that the people unlawful exercise of the Court and its staff in terms of application for confirmation is to confirm the applicant.
application for confirmation by the people's court to take judicial notice of acts of acceptance, but the application to confirm the cases of judicial acts against the law of the grassroots people's courts, by the Intermediate People's Court. <br Article with the following conditions should be placed on file:
(a) confirm that the applicant should have the provisions of Article 18 of the State Compensation Law of the People's Republic of China on State Compensation claimant eligibility;
(b) specific the confirmation request and the fact that damage to the grounds;
(c) confirmation that the applicant for recognition in the judicial behavior should occur or know, it should be made within two years from the date of the occurrence of the judicial act;
(d) are accepted to confirm the application the jurisdiction of the People's Court.
fourth with the confirmation of one of the following circumstances are inadmissible:
(a) shall be in accordance with the law through the procedure for trial supervision of a complaint or apply for a retrial;
(b) apply for matters belonging to the judiciary has been filed, is being investigated; Reference (c) of the people and court staff behavior with the exercise of powers;
(d) of Article 214 of the Civil Procedure Law of the People's Republic of China, the circumstances specified in according to law;
(e) does not belong to confirm the scope of other circumstances. Article
People's Court made the following circumstances the judgment, ruling, decision, belong to according to law to confirm the parties according to the judgment, order, decided to state compensation to apply: the
(a) the decision of arrest has been revoked according to law, except the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China; Reference (b) the judgment is pronounced not guilty and has taken legal effect ;
(c) implementation of the State Compensation Law,Adidas Jeremy Scott Wings 2, Article 15 (d), (e) provides that the behavior of the responsible personnel shall be investigated;
(d) the implementation of Article 16 of the State Compensation Law provisions of paragraph (a) behavior, and according to law to make the decision to withdraw;
(5) shall revoke the illegal judicial detention, fines, property preservation, execution ruling, decided; Reference (6) for violations to be corrected other circumstances.
Article 6 People's Court shall, within seven days from the date of the application receive a confirmation to decide whether to file.
review ', the lack of relevant evidence, can be notified to confirm the applicant within seven days be supplemented. < br> Article 11 Where to apply for confirmation of cases in the original trial, the implementation process, with one of the following circumstances should be recognized illegal:
(b) the seizure, seizure, freezing,More Details, to pursue criminal cases unrelated to the legitimate property of, and, cause damage;
(6) violation of the law to take or to cancel the property preservation measures to confirm that the applicant caused the damage;
(g) exceeded the seizure, seizure, freezing, sell or confirm that the applicant can split the illegal seizure of property, damage caused to the applicant;
(13), distress, execution of the Third Party property damage caused by the Third Party;
Article 12 People's Court to confirm or not confirm the illegal exercise of authority higher people's court shall make a written order confirmation illegal, it shall also revoke the original illegal ruling.
People's Court Court of judicial conduct is an offense to make a ruling signed by the president; the lower courts of judicial conduct is illegal, The ruling, signed by the collegial panel.
Article 13 People's Court to confirm cases, it shall make a ruling within six months from the date of service of notice of acceptance of the need to extend the period, report it to the president of the court for approval can be extended three .
Article 14 confirm that the applicant accepted to confirm the application of the People's Court, over the trial period does not make a ruling, after the expiration of thirty days up a people's court of a written complaint
a The people's court shall receive a confirmation of the statement of claim within three months from the date of direct lower courts to make a ruling within a limited time period or their own hearing. own hearing is necessary to extend the deadline to report to the president of the court to approve an extension of three months may be granted.
15 higher people's court held a hearing to confirm cases, lower courts should attend the hearing.
confirm the applicant without good reason not to participate in the hearing, shall be deemed to be withdrawn to confirm the application for
of Article 16 of the original to make the people of the judicial behavior the legitimacy of the court is obliged to its behavior explanations.
recognized in article 17 of the applicant to make the people's court are not recognized illegal satisfied with the ruling in the date of receiving the written order within thirty days from the higher level people Court appeal. the
level people's court shall receive a confirmation within three months from the date of the complaint made to confirm or not confirm the ruling. need to extend the deadline, report it to the president of the court for approval can be extended three
Article 18 The Supreme People's Court, at all levels, the higher people's court confirmation ruling of lower courts that wrong, to acknowledge, you can also direct lower courts to other sibling peoples Court reconfirmed
Supreme People's Court on criminal compensation and non-criminal judicial compensation cases the cause of action of the Interim (Trial) in the process of civil litigation, administrative proceedings, the court to take illegal seizure, seizure, freezing and other methods (including law) compensation in cases of the preservation measures.
> Explanations of Some Questions other effective legal instruments to perform error, damage, and one of the following circumstances, the application of criminal compensation procedures for compensation: (a) error
the implementation of judicial detention, fines;
(b) the implementation of Article 15 of the Compensation Act (d), (e) of the prescribed behavior;
(c) the implementation of Article 16 of the Compensation Act, the provisions of paragraph (a) behavior.
People's Court, civil, economic, and administrative cases occur miscarriage of justice and execution, which shall be to perform the rotation, or a party applies for property preservation and advance execution, application of the error caused by the loss of property by the applicant compensation in accordance with the law, the state is not liable for damages.
three citizens, legal persons and other organizations to apply for the people's court cases to be compensated in accordance with the provisions of the Compensation Act, shall be subject to lawfully confirmed. not recognized by law, compensation for the person making the request shall request the people's court for confirmation. People's Court are required to confirm by the Trial Chamber is responsible for handling according to law matters should be the name of the People's Court reply compensation request. people's court shall not be required to confirm the claims the right to appeal.
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Article 29 The people of the court to freeze the debtor's bank deposits and other funds for periods of not more than six months, seizure, seizure of movable property for periods of not more than a year the seizure of real estate, and a freeze on other property for periods of not more than two years. laws, judicial interpretations as otherwise provided in exceptPosted 4 years ago #
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