China News Service, Nanchang, September 2 (Liu Zhankun and Li Yunhan) On the morning of September 2, Zhang Yuhuan, accompanied by his attorneys Cheng Guangxin, Luo Jinshou and his family in the state compensation case, filed a complaint with the Jiangxi Provincial High People’s Court (hereinafter referred to as “Jiangxi High Court”). ") Submitted an application for state compensation.
The main content of the compensation application includes five items: compensation for infringement of personal freedom of 1,017,1564.5 yuan; compensation for infringement of the right to health and follow-up treatment costs of 1 million yuan; compensation for mental damages of 10,17,1564.5 yuan; compensation for grievance expenses of 1 million yuan, each total RMB 22,343,129.
In addition, Zhang Yuhuan also demanded that the Jiangxi High Court, the agency responsible for compensation, publicly apologize to the compensation claimant in the media, restore reputation, and eliminate the negative impact of the wrong judgment.
Zhang Yuhuan’s brother, Zhang Minqiang, told a reporter from Chinanews.com that it is reasonable to apply for more than 22.34 million yuan in compensation, but no amount of compensation can compensate for the 27-year prison and the damage to the entire family.
It is currently waiting for the acceptance and reply from Jiangxi Higher People's Court.
According to Cheng Guangxin, according to Article 33 of the "National Compensation Law of the People's Republic of China", "For infringements of citizens' personal freedom, the daily compensation shall be calculated according to the national average daily wages of employees in the previous year." National Bureau of Statistics May 15, 2020 It was announced today that the average annual salary of employees in urban non-private units nationwide in 2019 was 90,501 yuan.
The average daily salary is 346.75 yuan.
On May 18, 2020, the Supreme People’s Court issued a notice requiring people’s courts at all levels to implement the new daily compensation standard of 346.75 yuan when handling state compensation cases where they act as the organ of compensation obligations.
Cheng Guangxin believes that state compensation should match the value attribute of freedom, and the compensation standard should follow the principle of "higher", and the value of freedom of the parties should not be set as the value of "work money" of ordinary members of society in a free state.
The claimant for compensation is 365 days a year, and personal freedom is restricted 24 hours a day, which is three times the working hours. It is unreasonable to calculate personal freedom compensation at twice the average daily wage.
In addition, in the application for state compensation submitted by Zhang Yuhuan, there is another RMB 1 million in redress expenses, including the traffic caused by Zhang Yuhuan’s close relatives travelling to Beijing, Nanchang and other places to report the situation, appeal and accuse him several times over the years. Expenses, communication expenses and lost work expenses.
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