Research on the Conditions of “Right Protection Fee” in State Compensation

Abstract

according to the State Compensation Law of the people’s Republic of China implemented in 1995, state compensation includes administrative compensation and criminal compensation. State compensation mainly refers to that when the state organ or staffs of the state organ bring personal rights or property rights damage to citizens, legal persons and other organizations due to the exercise of their functions and powers, they should perform the obligation of compensation and give corresponding compensation to the victims. At the same time, in the process of the victims’ application for compensation, the determination of the “right protection fee” such as “the loss of work fee” has not been clearly defined in the state compensation law. Therefore, in the actual legal cases, the conditions for the determination of the right protection fee in the state compensation causes widespread social disputes. Thus, it is of practical significance to carry out the following analysis on the determination of rights protection fees in state compensation.