Regulations for the Administration of State Compensation Expenses
Regulations for the Administration of State Compensation Expenses
Regulations for the Administration of State Compensation Expenses
Order of the State Council No. 589
January 17, 2011
The Regulations for the Administration of State Compensation Expenses which were adopted at the 138th executive meeting of the State Council on December 29, 2010 are hereby promulgated and shall come into effect as of the date of promulgation.
Premier: Wen Jiabao
Regulations for the Administration of State Compensation Expenses
Article 1 For the purpose of enhancing administration of state compensation expenses, protecting the rights of citizens, legal persons and other organizations to obtain state compensation in accordance with the law, and enabling state organs to perform their duties in accordance with the law, these Regulations are hereby formulated in accordance with the State Compensation Law of the People's Republic of China (hereinafter referred to as the State Compensation Law).
Article 2 For the purpose of these regulations, the term "state compensation expenses" used herein refers to the expenses which shall be paid to compensation claimers in accordance with the State Compensation Law.
Article 3 The state compensation expenses shall be borne by the people's government at all levels according to the fiscal administration system.
The people's government at all levels shall allocate a certain amount of state compensation expenses and include the expenses into their annual fiscal budgets according to actual situations. If the state compensation expenses which need to be paid in the given year exceed their annual fiscal budget allocation, additional capital shall be allocated timely pursuant to relevant provisions.
Article 4 State compensation expenses shall be administered exclusively by the finance departments of people's government at all levels, and the administration of state compensation expenses shall be subject to supervision pursuant to the law.
Article 5 A state compensation claimer shall file a written application to the organ liable for the compensation, and submit an effective judgment, reconsideration decision, compensation decision or mediation agreement in relation to the application as well as the compensation claimer's ID certificate.
Where it is really difficult for a compensation claimer to write an application, the compensation claimer may authorize another person to write the application; the compensation claimer may also make an oral application, and the organ liable for the compensation shall faithfully make a record and then give the record to the compensation claimer to check it or read the record to the compensation claimer.
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