The supreme organ under compensatory obligations prescribed countries out to "clean" acquires
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The supreme organ under compensatory obligations prescribed countries out to "clean" acquires
Sources: new Beijing 2011 02:19 on March 22nd for two sentences I copy link (0) medium sized print medium xinhua issued by the supreme people's court 21, the people's court a compensation commission hearing about the provisions of the state compensation case program, from 22 of promulgation. Head says' compensation do notices to reflect this judicial interpretation compensation commission the characteristics of trial procedure in regulating the trial procedure, also highlights "simple" and "shortcut", make timely claimant can obtain compensation according to law.
The controller introduces, on December 1, 2010, new revision of the state compensation law enforcement. The people's court in implementing national compensation law, carry out the process of national compensation work also met with many new problems and new situation. Therefore, the supreme people's court compensation prepared the judicial interpretations do.
The organ under compensatory obligations powers that action is illegal is compensation procedures should first solve the problem. The chief says, considering the organ for compensatory obligations behavior made adequate powers of facts and legal basis, and formed astandardized file material, in to provide evidence has conveniences. But the claimant for compensation to collect proof authority when the action is illegal evidence by more restrictions, in obvious weaknesses.
To guarantee the claimant for compensation rights, judicial interpretations, the organ for compensatory obligations prescribed in the legality of powers act, and stipulates the burden claimant can provide proof authority action is illegal evidence, but not so exempted from the organ for compensatory obligations to its authority behavior legality burden of proof.
Meanwhile, the judicial interpretations have increased about avoid regulations. The manager said, judicial explanation clear requirements, the judges is this case the claimant for compensation, or close relatives and close relatives of the case agent, and this case have interests, or other relationship with the case, which might affect the impartiality of the trial, the case shall be avoided, claims and the organ for compensatory obligations shall have the right to apply in writing or verbal means the withdrawal.
Sources: new Beijing 2011 02:19 on March 22nd for two sentences I copy link (0) medium sized print medium xinhua issued by the supreme people's court 21, the people's court a compensation commission hearing about the provisions of the state compensation case program, from 22 of promulgation. Head says' compensation do notices to reflect this judicial interpretation compensation commission the characteristics of trial procedure in regulating the trial procedure, also highlights "simple" and "shortcut", make timely claimant can obtain compensation according to law.
The controller introduces, on December 1, 2010, new revision of the state compensation law enforcement. The people's court in implementing national compensation law, carry out the process of national compensation work also met with many new problems and new situation. Therefore, the supreme people's court compensation prepared the judicial interpretations do.
The organ under compensatory obligations powers that action is illegal is compensation procedures should first solve the problem. The chief says, considering the organ for compensatory obligations behavior made adequate powers of facts and legal basis, and formed astandardized file material, in to provide evidence has conveniences. But the claimant for compensation to collect proof authority when the action is illegal evidence by more restrictions, in obvious weaknesses.
To guarantee the claimant for compensation rights, judicial interpretations, the organ for compensatory obligations prescribed in the legality of powers act, and stipulates the burden claimant can provide proof authority action is illegal evidence, but not so exempted from the organ for compensatory obligations to its authority behavior legality burden of proof.
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By :
Jessie Stone
Submitted
2011-03-26 04:45:31 |
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