State compensation

You may have heard more about administrative compensation. Administrative compensation refers to a system in which the state bears compensation liability for losses caused by administrative agencies and their staff infringing upon the legitimate rights and interests of individuals, legal persons and other organizations during the exercise of their powers. This is what people call state compensation.

State compensation generally refers to illegal acts, and generally the violation of the law should be confirmed first before applying. Administrative compensation refers to a system in which administrative subjects, in the process of managing national and social public affairs, cause losses to individuals, enterprises and other legal persons due to legitimate administrative actions, and should be compensated by the state. The most common administrative compensation is expropriation. For example, the expropriation of houses on state-owned land and the expropriation of houses on collective land is legal, but if it still causes certain losses to the rights and interests of the administrative counterparty, how can administrative compensation and administrative compensation be safeguarded?

What should you do if you think administrative compensation or administrative compensation is inappropriate? First of all, the country currently has relevant provisions of the "State Compensation Law" for administrative compensation, including procedural legal provisions, which are relatively sound. You can take a closer look at the relevant provisions. The High Court’s explanations on administrative compensation are also relatively clear. Mainly administrative compensation, how to protect rights? This is currently not particularly sound at the legal level, but there are many cases in the field of administrative compensation, so how should we protect rights?

Let’s look at it through a case. A large logistics park in Hebei was an important project for the provincial, municipal, and county-level authorities because of investment promotion. Then in 2018, the logistics park suddenly had to be banned due to environmental protection needs. Well, environmental protection is based on the needs of public interests. Of course, it may be illegal, but it can also be legal behavior. The amount generated by this state compensation system should be regarded as administrative compensation. Because its premise may be the need for national public interests, it should be legal. If it is legal, it belongs to administrative compensation.

Therefore, after receiving the entrustment from the relevant business owners, the Yingting Lawyer Team conducted detailed investigation and evidence collection and found that during the establishment process of the company, multiple approvals were indeed carried out, including project establishment, planning land use, environmental protection, etc. This was a completely legal project. Well, during the banning process, the competent authorities did not mention compensation matters. Therefore, the Yingting Lawyer Team has implemented a procedure to directly apply for compensation from the court. Of course, there are many details that need to be paid attention to during the process of applying for compensation.

This requires a detailed analysis of the specific circumstances of each case and the formulation of relevant policies for each case. Therefore, it has also received support from the court, the local Intermediate Court and the High Court. Therefore, in the process of rights protection for administrative compensation, there is an additional way. In addition to non-litigation methods, some litigation procedures can also be used.