The national compensation calculation standard is 1. Violation of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year. 2. Anyone who infringes upon the citizens' right to life and health shall be compensated according to the following provisions: (1) Anyone who causes bodily injury shall pay medical expenses and nursing expenses, and compensate the income reduced due to absenteeism. The compensation for daily income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year. (2) Those who are partially or completely incapacitated shall pay medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses and other necessary expenses for continuing treatment due to disability, as well as disability compensation. Disability compensation is determined according to the degree of disability and the level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the person who has lost working ability. (3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death. The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death. 3. If mental damage is caused, it shall, within the scope of the infringement, eliminate the influence, restore the reputation and apologize for the victim; If serious consequences are caused, the corresponding mental damages shall be paid. 4. Infringement of the property rights of citizens, legal persons and other organizations, resulting in damage, shall be dealt with in accordance with the following provisions: (1) fines, fines, recovery and confiscation of property, or illegal expropriation or requisition of property, property shall be returned; (2) If the property is sealed up, seized or frozen, the sealing up, seizure and freezing shall be lifted, and if the property is damaged or lost, compensation shall be made in accordance with the provisions of Items (3) and (4) of this article; (3) If the property that should be returned is damaged, it can be restored to its original state; If it cannot be restored to its original state, it shall be compensated according to the degree of damage; (four) if the property that should be returned is lost, the corresponding compensation shall be paid; (five) if the property has been auctioned or sold, the price of the auction or sale shall be paid; If the sale price is obviously lower than the value of the property, corresponding compensation shall be given; (six) revoke the license and license, ordered to suspend production and business, and compensate for the necessary recurrent expenses during the suspension period; (seven) when returning the execution fine or fine, the recovered or confiscated money, the unfrozen deposit or remittance, it shall pay the bank deposit interest for the same period; (eight) if other damage is caused to the property right, compensation shall be paid according to the direct loss. 5. The state compensation expenses are included in the financial budgets at all levels. The claimant for compensation shall apply to the organ liable for compensation for payment of compensation with the effective judgment, reconsideration decision, compensation decision or conciliation statement. The organ liable for compensation shall, within seven days from the date of receiving the application for payment of compensation, apply to the relevant financial department in accordance with the budget management authority. The financial department shall pay the compensation within fifteen days from the date of receiving the application for payment. In criminal cases, the defendant is detained, and the calculation method of detailed compensation days is that the defendant is detained in criminal detention (set as time point A), and the detention lasts until the judgment takes effect and the penalty is executed. The number of days of detention is calculated in two cases. 1. If the execution of the judgment is suspended, the compulsory measures shall be changed when the judgment is delivered (set as time point B). After this time point, if the defendant is not detained, the specific days of state compensation are: time point A to time point B.2. If the judgment is actual punishment, after the judgment takes effect, the defendant is delivered for execution (set as time point C), and the defendant is detained until the defendant is acquitted (set as time point D), then the specific days of state compensation are: time point C to time point D, and only the executed sentence of the defendant is compensated.
Legal objectivity:
People's Republic of China (PRC) State Compensation Law
Article 33
Violation of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
People's Republic of China (PRC) State Compensation Law
Article 34
Violation of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
(a) causing physical injury, it shall pay medical expenses and nursing expenses, and compensate for the income reduced due to missed work. The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year;
(2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree and level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports;
(3) If death is caused, death compensation and funeral expenses shall be paid.