China News Service, March 21. According to the WeChat public account of the Supreme People's Court, on March 21, the Supreme People's Court issued the "Regulations on Several Issues Concerning the Trial of Administrative Compensation Cases" (hereinafter referred to as "Administrative Compensation Judicial Interpretation"), which will be valid since 2022. Effective May 1st, 2018.
The Administrative Compensation Judicial Interpretation is based on the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases issued in 1997. The State Compensation Law, Administrative Litigation Law and other relevant laws have been revised for many years. In order to meet the needs of the new situation, further standardize the trial of administrative compensation cases, and summarize the experience and practices of recent years, in view of the new situation and new problems in the trial practice of administrative compensation cases, through multi-level research and extensive solicitation of opinions, the A judicial interpretation of administrative compensation with Chinese characteristics in the new era.
The "Judicial Interpretation on Administrative Compensation" equally protects the legal property rights of various market entities, implements the principle of equal protection of property rights, and earnestly safeguards the legal property rights of the private economy.
Actively implement the requirements based on the new development stage, implement the new development concept, and build a new development pattern, identify the combination and entry point of the administrative trial work to serve the high-quality development, and provide powerful judicial services and guarantees for the realization of high-quality development.
The Administrative Compensation Judicial Interpretation takes into account the actual trial practice of administrative compensation cases, strictly implements the State Compensation Law and the Administrative Litigation Law, and is oriented to solve outstanding problems in practice. , accuracy and validity.
There are 33 articles in the full text, with the following highlights:
The first is to standardize the scope of administrative compensation litigation, further clarify the scope and constituent elements of administrative compensation, stipulate the inversion of the burden of proof, and scientifically divide the administrative compensation liability, so as to achieve precise supervision of administrative organs.
The second is to reasonably determine the scope of "direct losses", further clarify the compensation standards for property damage, clarify that the administrative compensation awarded by the people's court to the expropriated person shall not be less than the resettlement compensation rights and interests that the expropriated person should obtain according to law, and improve the compensation for mental damage litigation. Provisions, reflecting the comprehensive protection of the legitimate rights and interests of the parties.
The third is to further clarify the subject qualifications of the plaintiff and the defendant in administrative compensation lawsuits, improve the time limit for administrative compensation claims and the time limit for prosecution, further solve the procedural problems of jointly or separately filing administrative compensation lawsuits, and further improve the connection between public and private law compensation lawsuits. full protection of rights.
The fourth is to strengthen the court's obligation of interpretation, standardize the people's court's discretionary standards for damage compensation, clarify the adjudication method of administrative compensation cases, and enhance the effect of administrative compensation litigation to substantially resolve administrative disputes.
Supreme People's Court
About hearing administrative compensation cases
Provisions on certain issues
(Adopted at the 1855th meeting of the Judicial Committee of the Supreme People's Court on December 6, 2021, and effective from May 1, 2022)
In order to protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise administrative organs to perform their obligations of administrative compensation in accordance with the law, ensure that people's courts hear administrative compensation cases in a fair and timely manner, and substantially resolve administrative compensation disputes, in accordance with the Administrative Litigation Law of the People's Republic of China (hereinafter referred to as the "Administrative Litigation Law of the People's Republic of China"). The Administrative Litigation Law), the State Compensation Law of the People's Republic of China (hereinafter referred to as the State Compensation Law) and other legal provisions, and in light of the actual administrative trial work, these Provisions are formulated.
1. The scope of the case
Article 1 "Other illegal acts" stipulated in Articles 3 and 4 of the State Compensation Law include the following situations:
(1) Failure to perform statutory duties;
(2) Acts made by administrative organs and their staff in the process of performing administrative duties that do not produce legal effects, but in fact damage the legitimate rights and interests of citizens, legal persons or other organizations such as personal rights and property rights.
Article 2 According to Article 1 of the Administrative Litigation Law, Article 12, Paragraph 1, Item 12, and Article 2 of the State Compensation Law, citizens, legal persons or other organizations believe that administrative organs and their staff illegally exercise administrative powers against them. If legal rights and interests such as labor rights and adjacent rights cause personal or property damage, an administrative compensation lawsuit may be filed in accordance with the law.
Article 3 A compensation claimant may file an administrative compensation lawsuit according to law if it refuses to accept the following acts of the compensation obligated organ:
(1) The administrative compensation decision to determine the compensation method, item and amount;
(2) a decision on no compensation;
(3) Failure to make a compensation decision within the time limit;
(4) Other acts related to administrative compensation.
Article 4: After the administrative act that is finally ruled by the administrative organ is confirmed to be illegal, the compensation claimant may file a separate administrative compensation lawsuit.
Article 5 Citizens, legal persons or other organizations who believe that national actions such as national defense and foreign affairs, or that administrative agencies formulate and issue administrative regulations, rules, or generally binding decisions or orders infringe upon their lawful rights and interests, file a lawsuit for administrative compensation in a people's court, It does not belong to the scope of acceptance of the administrative compensation lawsuit of the people's court.
2. Litigation parties
Article 6 The status of the parties in the administrative compensation lawsuit brought together by citizens, legal persons or other organizations shall be determined according to their status in the administrative lawsuit, except that the parties in the administrative lawsuit and the administrative compensation lawsuit are inconsistent.
Article 7 In the event of the death of a victimized citizen, his heirs and other persons who have a relationship of support may file an administrative compensation lawsuit, and provide the citizen's death certificate and the proof of the relationship between the claimant and the deceased citizen.
In the event of the death of the victimized citizen, the person who paid the victimized citizen's medical expenses, funeral expenses and other reasonable expenses may file an administrative compensation lawsuit in accordance with the law.
A legal person or other organization that has the right to initiate an administrative compensation lawsuit is divided, merged, or terminated, and the legal person or other organization that inherits its rights may file an administrative compensation lawsuit according to law.
Article 8 Where two or more administrative organs jointly carry out an infringing administrative act and cause damage, the joint infringing administrative organ shall be a joint defendant.
The claimant insists on filing an administrative compensation lawsuit against one or more of the infringing agencies, with the agency being sued as the defendant, and the agency that has not been prosecuted as a third party.
Article 9 Where the original administrative act caused damage to the claimant, and the reconsideration decision aggravates the damage, the reconsideration authority and the original administrative act authority shall be the co-defendants.
The claimant insists on filing an administrative compensation lawsuit against the organ that made the original administrative act or the reconsideration organ.
Article 10 Where an administrative organ applies to the people's court to enforce its administrative act in accordance with the provisions of Article 97 of the Administrative Litigation Law, and an administrative compensation lawsuit occurs because the administrative act based on which the enforcement is enforced is illegal, the administrative organ applying for enforcement shall be the defendant.
3. Evidence
Article 11 In an administrative compensation lawsuit, the plaintiff shall provide evidence for the damage caused by the administrative act; if the plaintiff cannot provide evidence due to the defendant's reasons, the defendant shall bear the burden of proof.
The people's court shall support the plaintiff's claim of reasonable loss of items necessary for production and life; for the plaintiff's claim of other valuables and loss of cash beyond the necessities of production and life, it may be determined in light of the relevant evidence in the case.
Article 12 Where the plaintiff claims that he suffered bodily harm during the period of his restricted personal freedom, and the defendant denies the relevant facts of the damage or that the damage has a causal relationship with the illegal administrative act, the defendant shall provide corresponding evidence to prove it.
4. Prosecution and Acceptance
Article 13 Where an administrative act has not been confirmed as illegal, and a citizen, legal person or other organization files a lawsuit for administrative compensation, the people's court shall regard it as having filed a lawsuit for administrative compensation when filing an administrative lawsuit.
If the administrative act has been confirmed to be illegal and meets the following conditions, a citizen, legal person or other organization may file a separate administrative compensation lawsuit:
(1) The plaintiff is qualified to request administrative compensation;
(2) There is a clear defendant;
(3) There are specific claims for compensation and the factual basis for the damage;
(4) The organ responsible for compensation has already dealt with it in advance or has not dealt with it after the statutory time limit;
(5) It falls within the scope of acceptance of the administrative compensation lawsuit of the people's court and the jurisdiction of the people's court that is subject to the lawsuit;
(6) File a lawsuit within the time limit for filing a lawsuit as prescribed by law.
Article 14 The plaintiff does not file an administrative compensation lawsuit together with the administrative lawsuit, and if the people's court considers that there may be administrative compensation after review, it shall inform the plaintiff that it may file an administrative compensation lawsuit together.
If the plaintiff files an administrative compensation lawsuit before the first-instance trial ends, and the conditions for filing a lawsuit are met, the people's court shall accept it in accordance with the law; if the plaintiff files an administrative compensation lawsuit after the first-instance trial ends and before the judgment is pronounced, the people's court shall decide whether to approve or not.
Where the plaintiff makes a request for administrative compensation during the second-instance procedure or the retrial procedure, the people's court may organize mediation by all parties;
Article 15 Citizens, legal persons or other organizations shall, within two years from the date when they know or should know that an administrative act infringes their lawful rights and interests, apply to the organ of compensation obligation for administrative compensation.
If the organ responsible for compensation fails to make a compensation decision within two months from the date of receipt of the compensation application, the citizen, legal person or other organization may initiate an administrative compensation lawsuit in accordance with the relevant provisions of the Administrative Litigation Law.
Article 16 When citizens, legal persons or other organizations file an administrative lawsuit and request administrative compensation together, the provisions of the Administrative Litigation Law on the time limit for filing a lawsuit shall apply.
Article 17 If a citizen, legal person or other organization has only objection to the administrative compensation part of the administrative reconsideration decision, and files an administrative compensation lawsuit within 15 days from the date of service of the reconsideration decision, the people's court shall accept it according to law.
When an administrative organ makes an administrative reconsideration decision that includes compensation, without informing citizens, legal persons or other organizations of the time limit for prosecution, the time limit for indictment shall be calculated from the date when the citizen, legal person or other organization knows or should know the time limit for prosecution, but from the date when they know or should know. The maximum period from the date of the administrative reconsideration decision shall not exceed one year.
Article 18: An administrative act is revoked, changed, or confirmed to be illegal or invalid by the competent authority in accordance with legal procedures, or the staff member of the administrative authority carrying out the administrative act is confirmed to be dereliction of duty or abuse of power by an effective legal document or governmental sanction by the supervisory authority due to the act. , which belong to the circumstances in which the administrative acts referred to in these regulations are confirmed to be illegal.
Article 19 Citizens, legal persons or other organizations jointly file a lawsuit for administrative compensation. If the people's court finds that the administrative lawsuit does not meet the conditions for prosecution after review, it shall rule not to file the case for administrative compensation; if the case has already been filed, it shall rule to reject it. sue.
Article 20 In an administrative case involving administrative licensing, registration, expropriation, requisition, and an administrative organ's ruling on a civil dispute, if the plaintiff files an administrative compensation lawsuit, and the relevant parties apply to resolve the relevant civil dispute together, the people's court may review together.
V. Trial and Judgment
Article 21 Two or more administrative organs jointly carry out illegal administrative acts, or administrative organs and their staff maliciously collude with a third party to commit illegal administrative acts, causing actual damage to the legitimate rights and interests of citizens, legal persons or other organizations such as personal rights and property rights shall bear joint and several liability for compensation.
After one party bears joint and several liability for compensation, it may seek compensation from other jointly and severally liable parties for the excess that it should bear.
Article 22 If two or more administrative organs carry out illegal administrative acts respectively and cause the same damage, and the illegal acts of each administrative organ are sufficient to cause all damages, each administrative organ shall be jointly and severally liable for compensation.
Where two or more administrative organs carry out illegal administrative acts respectively and cause the same damage, the people's court shall determine the corresponding administrative compensation liabilities according to the role of their illegal administrative acts in the occurrence and results of the damage; if it is difficult to determine the size of the responsibility, the people's court shall bear the corresponding administrative compensation liabilities. Responsibility.
Article 23 Where an administrative act made by an administrative organ is illegal due to the provision of false materials by a third party and causes damage to a citizen, legal person or other organization, the people's court shall determine the role of the illegal administrative act in the occurrence and result of the damage. The administrative organ shall bear the corresponding administrative compensation liability; if the administrative organ has fulfilled its duty of due diligence, it shall not bear the administrative compensation liability.
Article 24 If a citizen, legal person or other organization is damaged due to the actions of a third party, the third party shall be liable for tort compensation according to law; Where there are statutory obligations to protect, supervise, rescue, etc., the people's court shall determine that the administrative organ shall bear the corresponding administrative compensation liability according to the role of the administrative organ in the occurrence and result of the damage.
Article 25 If damages are caused to citizens, legal persons or other organizations due to objective reasons such as force majeure, and the administrative organs fail to perform their statutory obligations in accordance with the law or delay in fulfilling their statutory obligations, resulting in failure to stop the damages or expand the damages in a timely manner, the people's court shall be based on the administrative organs' failure to perform in accordance with the law, The role of delaying the performance of statutory obligations in the occurrence and results of damages shall be determined, and the corresponding administrative compensation liabilities shall be determined.
Article 26 Any of the following circumstances shall fall into the category of "causing serious consequences" as stipulated in Article 35 of the State Compensation Law:
(1) The victim's personal freedom has been illegally restricted for more than six months;
(2) The victim is identified as slightly injured or disabled;
(3) The victim is diagnosed and identified as a mental disorder or mental disability, and there is a connection with the illegal administrative act;
(4) The victim suffered serious damage to the reputation, honor, family, occupation, education, etc., and was related to the illegal administrative act.
In any of the following circumstances, it may be deemed that the consequences are particularly serious:
(1) The victim's personal freedom has been restricted for more than ten years;
(2) The victim dies;
(3) The victim has been identified as seriously injured or disabled in grades 1 to 4, and cannot take care of himself;
(4) The victim has been diagnosed and identified as a serious mental disorder or a mental disability of Grade 1 to Grade 2, unable to take care of himself, and is related to an illegal administrative act.
Article 27 If an illegal administrative act causes property damage to citizens, legal persons or other organizations, and the property cannot be returned or restored to its original state, the loss shall be calculated according to the market price of the property at the time of the damage.
If the market price cannot be determined, or the price is insufficient to cover the losses of citizens, legal persons or other organizations, other reasonable methods may be used to calculate.
For the illegal expropriation of land and houses, the administrative compensation awarded by the people's court to the expropriated party shall not be less than the resettlement compensation rights and interests that the expropriated party should obtain according to law.
Article 28 The following losses belong to the "recurring expenses necessary during the period of suspension of production and business" as stipulated in Item 6 of Article 36 of the State Compensation Law:
(1) The wages of the necessary left-behind employees;
(2) Taxes and social insurance premiums that must be paid;
(3) Water and electricity fees, storage fees, storage fees, and contracting fees that should be paid;
(4) Reasonable housing and site rent, equipment rent, and equipment depreciation expenses;
(5) Maintaining other basic expenses required for operation during the period of suspension of production and business.
Article 29 The following losses belong to the "direct losses" stipulated in Article 36, Item 8 of the State Compensation Law:
(1) Deposit interest, loan interest, and cash interest;
(2) Operating losses during the period when the motor vehicle is out of service;
(3) Rewards, subsidies, etc. that should be obtained in accordance with the law through administrative compensation procedures;
(4) Other actual losses to property.
Article 30 If the defendant has one of the circumstances stipulated in Article 3 of the State Compensation Law, which causes mental damage, the people's court shall rule that it shall eliminate the influence, restore the reputation, and make apology for the victim within the scope of the influence of the illegal administrative act; Influence, restoration of reputation, and performance of apology can be negotiated by both parties. If the negotiation fails, the people's court shall order the defendant to perform in an appropriate manner.
If serious consequences are caused, a judgment shall be made to pay the corresponding mental damage consolation money.
Article 31: If the people's court believes that the defendant has caused property damage to citizens, legal persons or other organizations, it shall order the defendant to return the property and restore it to its original state within a specified time limit; if the property cannot be returned to its original state, it shall order the defendant to pay compensation and corresponding interest within a time limit. loss.
When hearing an administrative compensation case, the people's court may specify the compensation method, items, and standards of the administrative organ. If the compensation content is determined, it shall make a judgment with the compensation amount and other payment content; if the administrative compensation decision makes a mistake in determining the compensation amount , the People's Court judgment shall be changed.
Article 32 In any of the following circumstances, the people's court shall make a judgment to reject the plaintiff's claim for administrative compensation:
(1) The damage claimed by the plaintiff has no factual basis;
(2) The damage claimed by the plaintiff has no causal relationship with the illegal administrative act;
(3) The plaintiff's losses have been adequately relieved through administrative compensation and other means;
(4) Other circumstances where the reasons for the plaintiff's request for administrative compensation cannot be established.
6. Other
Article 33 These regulations shall come into force on May 1, 2022.
The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Compensation Cases (Fa Fa [1997] No. 10) shall be repealed at the same time.
If the judicial interpretation issued by this court before the implementation of these regulations is inconsistent with these regulations, these regulations shall prevail.