2012 Judicial Examination Paper 2 (Administrative Law) Answers and Analysis (Version)

Answer single choice CCDBA DBD Multiple choice BCD AD BC BC ABD BC AD AB AC BCD Indefinite A BD BD ABC

1. Multiple choice questions

43. Regarding the recruitment of civil servants, which of the following options is correct?

A. County Public Security Bureau Manager The Municipal Public Security Bureau has approved the simplified procedure to recruit a civil servant for a special position

B. The District Finance Bureau has hired a civil servant who has been dismissed from public office but has excellent business and ability

C .The Municipal Environmental Protection Bureau decided to cancel the employment of newly hired civil servant Li on the grounds that he failed to pass the probationary period.

Article 32 of the Civil Servant Law [Probationary Period] The probationary period for newly hired civil servants is 1 Year. Those who pass the probationary period will be appointed; those who fail to pass will be cancelled.

D. The health administration department of the State Council stipulates the physical examination items and standards for civil servant recruitment and reports them to the central civil service department for filing

44. According to administrative regulations, the establishment of local government agencies at or above the county level Management agencies should evaluate the performance of administrative structures and establishments. Regarding this assessment, which of the following statements is correct?

A. Assessment should be carried out regularly

B. Specific assessment methods shall be formulated by the State Council

C. Assessment The result is the direct basis for adjusting the institutional establishment

Article 24 of the "Regulations on the Establishment and Establishment Management of Local Institutions" The evaluation results will be used as a reference for adjusting the organization's establishment. The specific methods for evaluation shall be formulated by the organizational establishment management authority of the State Council.

D. The evaluation also applies to the adjustment of the administrative structure and establishment of the State Council

45. The drafting department submits an important administrative regulation to the State Council for review. When the draft for review is released to the public and solicits opinions, which of the following agencies should be submitted for approval?

A. Drafting department

B. General Office of the State Council

C. Legislative Affairs Office of the State Council

D. State Council

Article 19 of the "Regulations on the Procedure for the Formulation of Administrative Regulations" The main issues are sent to relevant departments of the State Council, local people's governments, relevant organizations and experts for opinions. Written feedback from relevant departments of the State Council and local people's governments shall be stamped with the seal of the unit or the unit's general office (office).

Important administrative regulations are submitted for review and approved by the State Council before being released to the public for comments.

46. Upon Wang’s request, the national patent reexamination agency declared the patent right granted to Li invalid, and sent a decision letter to Li on May 20, 2011. Li died in a traffic accident on June 10. Li's wife refused to accept the decision and filed an administrative lawsuit with the court. Which of the following statements is correct?

A. Li’s wife should sue as Li’s agent

B. The court should notify Wang to participate in the lawsuit as a third party

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Article 46 of the "Patent Law" The Patent Reexamination Board shall promptly review and make a decision on a request to declare the patent right invalid, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.

Anyone who is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid or to maintain the patent right may file a lawsuit in the People's Court within three months from the date of receipt of the notice. The people's court shall notify the other party in the invalidation request procedure to participate in the litigation as a third party.

C. The plaintiff in this case has a prosecution period of 60 days

D. The plaintiff in this case should first apply for administrative reconsideration before filing a lawsuit

47. After being summoned for investigation, a certain district The Public Security Bureau decided to administratively detain Sun for 10 days and impose a fine of 500 yuan on the grounds of spreading rumors and falsely reporting dangerous situations. Which of the following options is correct?

A. When summoning Sun, a certain district public security bureau should inform Sun of the reason and basis for the summons

Article 1 of the "Public Security Administration Punishment Law" Article 82 [Summons] If a person who violates public security management needs to be summoned for investigation, he or she shall be summoned using a summons certificate with the approval of the person in charge of the case handling department of the public security organ. For persons found to have violated public security management on site, the people's police may summon them orally upon presentation of their work IDs, but this shall be noted in the interrogation record.

The public security organ shall inform the person being summoned of the reason and basis for the summons. Those who refuse to accept the summons or evade the summons without justifiable reasons may be summoned compulsorily.

B. The questioning and verification time for Sun after the summons shall not exceed 48 hours

C. If Sun is dissatisfied with the punishment decision and applies for administrative review, he should apply to the Municipal Public Security Bureau

D. If Sun refuses to accept the penalty decision and directly prosecutes him, the execution of the penalty decision of administrative detention should be suspended

48. A certain city’s Quality Supervision Bureau discovered that a company was producing inferior products and seized the company’s products. The production plant and equipment were later decided to confiscate all inferior products and impose a fine of 100,000 yuan. The company failed to pay the fine overdue. Which of the following options is incorrect?

A. On-site records should be produced when a seizure is implemented

B. Summary procedures cannot be applied to the company's punishment

C. If a company pays a fine overdue, the Quality Supervision Bureau may impose an additional fine of 3% of the fine amount every day

D. The Quality Supervision Bureau may notify the company’s bank to transfer its deposit

《 Article 47 of the Administrative Enforcement Law [Transfer] The transfer of deposits and remittances shall be decided by the administrative agency specified by law and the financial institution shall be notified in writing. After receiving the administrative agency's decision to transfer deposits and remittances in accordance with the law, financial institutions shall transfer the funds immediately.

If administrative agencies or organizations other than those required by law require the transfer of deposits or remittances of the parties concerned, financial institutions shall refuse.

49. A certain ministry of the State Council fined an enterprise 500,000 yuan. The company was dissatisfied and applied to the ministry for administrative reconsideration. Which of the following statements is correct?

A. In administrative reconsideration, the appropriateness of fine decisions should not be reviewed

B. If an enterprise entrusts an agent to participate in administrative reconsideration, it can Oral entrustment

Article 10 The applicant or third party may entrust 1 to 2 agents to participate in the administrative review. If the applicant or a third party entrusts an agent, he or she shall submit a power of attorney to the administrative review agency. The power of attorney shall specify the entrusted matters, authority and time limit. If citizens are unable to entrust them in writing under special circumstances, they may entrust them orally. If the request is made verbally, the administrative review agency shall verify and record it in the file. If the applicant or third party terminates or changes the entrustment, it shall report to the administrative review agency in writing.

C. If an enterprise withdraws its reply during the review process, it shall not submit a review application based on the same facts and reasons

D. If the enterprise is dissatisfied with the review decision, it may apply to the State Council for a ruling. If an enterprise is dissatisfied with the State Council's ruling and files a lawsuit in court, the court will not accept the case. 50. The county public security bureau criminally detained Li on suspicion of theft, and the arrest was approved by the county procuratorate. The county court sentenced Li to 5 years in prison. Li appealed, and the Municipal Intermediate Court overturned the verdict and found Li not guilty. Li applied to the compensation obligation agency for state compensation.

Which of the following statements is correct?

A. The county procuratorate is the organ responsible for compensation

B. Before applying for state compensation, Li should first apply to confirm that criminal detention and arrest are illegal

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C. The statute of limitations for Li’s request for state compensation is calculated from the date when the detention behavior is confirmed to be illegal

D. The agency responsible for compensation can negotiate with Li on the method of compensation

Article 13 of the "State Compensation Law" [Making Administrative Compensation Decision] The agency responsible for compensation shall make a decision on whether to compensate within 2 months from the date of receipt of the application. When making a compensation decision, the agency responsible for compensation shall fully listen to the opinions of the compensation claimant, and may negotiate with the compensation claimant on the compensation method, compensation items and compensation amount in accordance with the provisions of Chapter 4 of this Law.

2. Multiple-choice questions

76. Enforcement for the people is the essential requirement of socialist rule of law, and administrative agencies and civil servants should consciously practice it in administrative law enforcement. Which of the following practices directly reflects the concept of law enforcement for the people?

A. The administrative agency reduced the fee for the format text of the administrative license application form from 2 yuan to 1 yuan

B. The administrative agency arranged Staff proactively provide consultation to those who come to handle matters

C. The Industrial and Commercial Bureau requires affiliated agencies to improve service efficiency and reduce the original 20 working days to 15 working days to complete matters

D. A certain district has set up a service hall and requires relevant law enforcement departments to station and set up service windows

77. Procedural due process is a basic principle of administrative law. Which of the following options reflect the requirements of due process?

A. Implement administrative management activities and pay attention to the opinions of citizens, legal persons or other organizations

B. Responsible for the consequences caused to the parties due to illegal administration Proactively compensate for losses (unification of rights and responsibilities)

C. Strictly implement administrative activities within the scope authorized by law (legal administration)

D. Requirements and management matters in administrative law enforcement Recusal of interested civil servants

78. Reasonable administration is one of the basic requirements for administration in accordance with the law. Which of the following practices embody the requirements of reasonable administration?

A. Administrative agencies should fully listen to the opinions of the public when making important decisions (due process)

B. Administrative agencies should treat administrative agencies equally Manage the counterparty

C. The measures taken by the administrative agency to exercise its discretion are in compliance with the legal purpose

D. The administrative agency shall not revoke the administrative measures that have taken effect except for legal reasons and legal procedures. Decision (good faith)

79. Song from County A went to County B to visit relatives and was detained by the Public Security Bureau of County B for 24 hours due to being drunk. Song believed that the behavior of County B Public Security Bureau was illegal and filed an administrative lawsuit. Which of the following statements are correct?

A. The act of detaining Song is an administrative penalty (compulsory measure)

B. The court of County A has jurisdiction over this case

C. The Court of County B has jurisdiction over this case

D. Song’s relative is the third party in this case

Article 18 of the Administrative Litigation Law [ Special territorial jurisdiction] A lawsuit filed against an administrative coercive measure that restricts personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located.

80. A certain industrial and commercial bureau impounded 5 cars of a company on suspicion of illegal sales of cars. Which of the following statements are wrong?

A. The Industrial and Commercial Bureau can entrust the Urban Management Law Enforcement Bureau to implement seizures

Article 17 of the "Administrative Enforcement Law" [Implementation Subject] Administrative enforcement measures shall be determined by law , administrative agencies stipulated in regulations shall implement it within the scope of their statutory powers. The power of administrative compulsory measures shall not be delegated.

B. The maximum period for the Industrial and Commercial Bureau to impound a car is 90 days

C. The Industrial and Commercial Bureau can entrust a third party to keep the seized vehicle

"Administrative Article 26 of the Enforcement Law [Storage of Seized and Impounded Property] Administrative agencies shall properly keep the places, facilities or property that have been sealed or seized and shall not use or damage them; if losses are caused, they shall be liable for compensation.

Administrative agencies may entrust a third party to keep the sealed places, facilities or property, and the third party shall not damage or transfer or dispose of them without authorization. For losses caused by a third party, the administrative agency shall have the right to recover compensation from the third party after first paying compensation.

The administrative agency shall bear the storage costs incurred due to sealing and seizure.

D. The cost of inspecting the impounded vehicle shall be borne by a certain company

Article 25 of the "Administrative Enforcement Law" [Seal-up and impound period] The period of seal-up and impound shall not be More than thirty days; if the situation is complicated, it may be extended with the approval of the person in charge of the administrative agency, but the extension period shall not exceed thirty days. Except as otherwise provided by laws and administrative regulations.

The decision to extend the sealing or detaining shall be promptly notified to the parties in writing and the reasons shall be explained.

If the items require testing, inspection, quarantine or technical appraisal, the period of sealing or detaining shall not include the period of testing, inspection, quarantine or technical appraisal. The period for testing, inspection, quarantine or technical appraisal shall be clear and informed to the parties in writing. The costs of testing, inspection, quarantine or technical appraisal shall be borne by the administrative agency.

81. Tian believed that the district Human Resources and Social Security Bureau recorded incorrect social security information about him and requested correction, but the Bureau refused. Tian sued the court. Which of the following statements are correct?

A. Tian should first apply for administrative reconsideration and then file a lawsuit in court

B. The district human resources and social security bureau should provide evidence and explain the reasons for refusing to correct

Article 5 of the "Government Information Disclosure Case Regulations" If the defendant refuses to provide government information to the plaintiff, he shall provide evidence on the basis for the refusal and the fulfillment of the statutory obligation to inform and explain the reasons.

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If the defendant refuses to correct government information records related to the plaintiff, it shall provide evidence and explain the reasons for the refusal.

C. Tian should provide the factual basis for the fact that the district human resources and social security bureau recorded incorrect social security information about him

Article 5 of the "Government Information Disclosure Case Regulations"... The plaintiff sued If the defendant refuses to correct government information records, it should provide the factual basis that it has applied for correction to the defendant and that the government information is related to itself and the records are inaccurate.

D. The court should order the district human resources and social security bureau to make corrections within a certain period of time

Article 9 of the "Government Information Disclosure Case Regulations" The defendant should correct according to law but did not correct the government information related to the plaintiff If the information is recorded, the people's court shall order the defendant to correct it within a certain period of time. If the defendant still needs to investigate and make a decision, the defendant shall be ordered to reply again within a certain period of time. If the defendant does not have the right to make corrections, the decision shall be made to transfer the case to an administrative agency that has the right to make corrections.

82. Villager A leads people B, C and others to negotiate with the paper mill on pollution compensation. Because they were dissatisfied with the proposed compensation plan, A, B, C and others stopped production and injured worker Li. After receiving a report from the director of the factory, the Public Security Bureau decided to detain A for 15 days and B for 5 days after investigation, but no punishment was imposed on the others. A filed an administrative lawsuit with the court, and the court accepted it. Which of the following persons cannot be the third party in this case?

A. C

B. B

C. Li

D .Director of the Paper Mill

Article 27 of the "Administrative Litigation Law" [Third Party] Other citizens, legal persons or other organizations that have an interest in the specific administrative act in which the lawsuit is filed may serve as a third party. A person applies to participate in the litigation, or is notified by the People's Court to participate in the litigation.

Article 24 of the "Interpretation of the Administrative Litigation Law" Article 24 The same specific administrative act of an administrative agency involves more than two interested parties. If some of the interested parties are dissatisfied with the specific administrative act and file a lawsuit, the people's court shall notify Other interested parties who are not sued participate in the lawsuit as third parties.

The third party has the right to raise litigation claims related to this case, and has the right to appeal if he is dissatisfied with the first-instance judgment of the People's Court.

83. The District Public Security Bureau criminally detained Fang on suspicion of intentional injury, and the District Procuratorate approved Fang’s arrest. The district court sentenced Fang to 3 years in prison, and Fang appealed.

The Municipal Intermediate Court sent the case back to the District Court for retrial on the grounds that the facts were unclear. After a retrial, the district court ruled that Fang was not guilty. After the judgment came into effect, Fang requested state compensation. Which of the following statements are incorrect?

A. The District Procuratorate and the District Court are the organs with the same obligation to compensate

B. The District Public Security Bureau is the organ with the obligation to compensate

C. Fang should first submit a request for compensation to the district court

Article 22 of the "State Compensation Law" [Proposal of criminal compensation and prior handling by the agency responsible for compensation] The agency responsible for compensation has this law Under any of the circumstances specified in Articles 17 and 18, compensation shall be provided.

If a compensation claimant requests compensation, he should first submit it to the agency responsible for compensation.

When a claimant files a claim for compensation, the provisions of Articles 11 and 12 of this Law shall apply.

D. If the district procuratorate decides to withdraw the case during the review and prosecution stage, and Fang requests state compensation, the district procuratorate will be the organ responsible for compensation

Article 21 of the "State Compensation Law" [Criminal Compensation Obligation Organ] If an agency that exercises the powers of investigation, prosecution, or trial, as well as a detention center, prison management agency, or its staff infringes upon the legitimate rights and interests of citizens, legal persons, or other organizations while exercising its powers and causes damage, such agency shall be the agency with the obligation to compensate.

If a citizen is detained and should be compensated by the state in accordance with the provisions of this law, the organ that makes the decision to detain shall be the organ with the obligation to compensate.

If a citizen is arrested and then decides to withdraw the case, not to prosecute, or to acquit, the organ that makes the arrest decision shall be the organ with the obligation to compensate.

If the verdict is changed to not guilty after retrial, the people's court that made the original effective judgment shall be the organ responsible for compensation. If the second instance verdict is changed to not guilty, or if the second instance case is remanded for retrial and the case is not guilty, the people's court that made the guilty verdict in the first instance shall be the organ responsible for compensation.

84. The Planning Bureau determined that the house built by a company violated the planning and issued a "Demolition Notice" to the company, requiring the company to demolish the house within 15 days. After the expiration, the company did not demolish the built houses. The bureau issued a "Notice on Demolition of Built Houses within a Time Limit", requiring the company to voluntarily demolish the houses within 10 days, otherwise it will be enforced according to law. Which of the following statements are correct?

A. The "Notice for Demolition of Built Houses" (a punishment) and the "Notice on the Demolition of a Built House within a Time Limit" (a reminder for enforcement) are different in nature

Article 35 of the "Administrative Enforcement Law" [Pre-execution reminder] Before making a decision on compulsory execution, the administrative agency shall urge the parties to perform their obligations in advance. The reminder shall be made in writing and specify the following matters:

(1) The time limit for performing the obligation;

(2) The method of performing the obligation;

(3) If monetary payment is involved, the amount and method of payment should be clear;

(4) The right of statement and defense enjoyed by the parties in accordance with the law.

B. The "Notice on the Demolition of the Built Houses within a Time Limit" is an administrative penalty

C. The company can file an administrative lawsuit against the "Notice on the Demolition of the Built Houses"

D. When issuing the "Notice for Demolition of Built Houses", the Planning Bureau may apply simplified procedures

Article 33 of the "Administrative Penalty Law" [Applicable conditions for on-the-spot punishment] The illegal facts are conclusive and there are statutory According to this, if an administrative penalty of less than 50 yuan is imposed on citizens and a fine of less than 1,000 yuan or a warning is imposed on a legal person or other organization, an administrative penalty decision can be made on the spot. The parties concerned shall implement the administrative penalty decision in accordance with the provisions of Articles 46, 47 and 48 of this Law.

85. Which of the following lawsuits against government information disclosure should be accepted by the court?

A. Huang requested the municipal government to provide the publicly issued 2010 municipal government bulletin, but was rejected File a lawsuit in court

Article 2 of the "Government Information Disclosure Case Regulations" If citizens, legal persons or other organizations are dissatisfied with the following acts and file administrative lawsuits, the People's Court will not accept the case:

(II) ) requires the administrative agency to provide public publications such as government gazettes, newspapers, magazines, books, etc., but the administrative agency refuses;

B. A company believes that the government information disclosed to Li by the Industrial and Commercial Bureau infringes on its business secrets. Court lawsuit

C. Villagers applied to the township government to disclose financial revenue and expenditure information, but the township government refused to disclose the financial revenue and expenditure information and sued the court

D. Gao, a resident of City A, applied to City B to disclose the information Regarding the part-time job of the deputy mayor of the city, City Government B refused to disclose it on the grounds that it did not have the qualifications to apply. Gao sued the court

Article 1 of the "Government Information Disclosure Case Regulations" Citizens, legal persons or other If an organization believes that the following specific administrative actions in the government information disclosure work infringe on its legitimate rights and interests, and files an administrative lawsuit in accordance with the law, the people's court shall accept the case:

(1) Application to the administrative agency for government information, but the administrative agency refuses to provide it or fails to respond within the time limit;

(2) It is believed that the government information provided by the administrative agency does not meet the content required in the application or the appropriate form prescribed by laws and regulations;

(3) Believing that the administrative agency’s disclosure of government information on its own initiative or at the request of others violates its business secrets and personal privacy; (4) Believing that the government information records related to itself provided by the administrative agency are inaccurate, request The administrative agency makes corrections, but the administrative agency refuses to correct, fails to reply within the time limit, or fails to transfer it to the competent authority for processing;

(5) Other specific administrative actions that the administrative agency has made in the government information disclosure work infringe upon their legitimate rights and interests.

If citizens, legal persons or other organizations believe that government information disclosure administrative actions infringe upon their legitimate rights and interests and cause damage, they may file an administrative compensation lawsuit together or separately.

3. Indefinite multiple-choice questions

(4)

A pharmaceutical factory uses its own expired drugs as the main raw materials and changes the production date and batch number for production and sale. The Food and Drug Administration of County A of City A decided to confiscate the drugs and impose a fine of 200,000 yuan on the grounds that the factory violated Article 49, Paragraph 1 of the Drug Administration Law regarding the illegal production of drugs. The pharmaceutical company was dissatisfied and applied to the county government for reconsideration. The county government decided to uphold the penalty decision in accordance with Article 49, paragraph 3, of the Drug Administration Law on the production of inferior drugs. Drug companies sued.

Please answer questions 97-98.

97. Regarding the defendant and jurisdiction of this case, the following statements are correct:

A. The defendant is the Food and Drug Administration of County B, which is under the jurisdiction of the Court of County B

B. The defendant is the Food and Drug Administration of County B, and the Intermediate Court of City A has jurisdiction over this case

C. The defendant is the government of County B, and the court of County B has jurisdiction over this case

D. The defendant is the county government of B, which is under the jurisdiction of the Intermediate Court of City A

Article 17 of the "Administrative Litigation Law" [General geographical jurisdiction] Administrative cases shall be governed by the people of the place where the administrative agency that originally made the specific administrative act is located Court jurisdiction. In a case that has been reviewed, if the review authority changes the original specific administrative action, it may also be under the jurisdiction of the people's court where the review authority is located.

If one of the following circumstances occurs in Article 3 of the "Regulations on Withdrawal of Prosecutions", it falls under the category of "the defendant changes the specific administrative act he has done" as stipulated in Article 51 of the Administrative Litigation Law:

(1) Change the main facts and evidence identified in the specific administrative act being sued;

(2) Change the normative basis applicable to the specific administrative act being sued and have an impact on the characterization;

(3) Cancellation, partial revocation or change of the result of the specific administrative action being sued.

98. Regarding the presentation of evidence and trial judgment in this case, the following statements are correct:

A. The court should jointly try and decide whether the administrative act being sued and the behavior of the pharmaceutical company are legal.

B. If the evidence provided by the pharmaceutical company to prove that the accused administrative act is illegal is not established, the defendant cannot be exempted from the burden of proof on the legality of the accused administrative act

Sixth of the "Evidence Provisions" Article 1 The plaintiff may provide evidence proving that the specific administrative act complained of is illegal. If the evidence provided by the plaintiff is untenable, the defendant will not be exempted from the burden of proving the legality of the specific administrative act complained of.

C. If during the trial of this case, the pharmaceutical company requests witnesses to appear in court to testify, the court will not allow it.

Article 43 of the "Evidence Regulations" Where the parties apply for witnesses to appear in court to testify , should be submitted before the expiration of the time limit for producing evidence, and must be approved by the People's Court. If the people's court allows a witness to appear in court to testify, it shall notify the witness to appear in court to testify before the trial.

D. The court’s decision on this case shall be based on the facts of the case proved by the evidence.

Article 53 of the "Evidence Provisions" When the People’s Court adjudicates administrative cases, it shall be based on the facts of the case proved by the evidence. based on the facts of the case.

99. A transportation bureau discovered during an inspection that the truck driven by Zhang did not have a road transport certificate, so it detained Zhang’s driver’s license and the cargo on the vehicle, and required Zhang to pay a fine of 10,000 yuan. Zhang refused to pay, and the Transportation Bureau auctioned the vehicle's cargo to pay the fine. The following statements are correct:

A. The act of detaining a driver’s license is an administrative coercive measure

Article 8 of the "Administrative Penalty Law" [Types of Penalties] Types of administrative penalties:

(5) Suspension or revocation of license, suspension or revocation of license;

B. The act of detaining vehicle cargo is an administrative coercive measure

"Administrative Coercion" Article 9 of the Law [Types of Administrative Compulsory Measures] Types of administrative compulsory measures: (1) Restriction of citizens’ personal freedom; (2) Seizing places, facilities or property;

(3) Seizing property;

(4) Freezing deposits and remittances;

(5) Other administrative compulsory measures.

C. The act of auctioning vehicle-borne goods is an administrative enforcement measure

D. The act of auctioning vehicle-borne goods is administrative enforcement

Tenth of the "Administrative Enforcement Law" Article 2 [Methods of administrative enforcement] Methods of administrative enforcement:

(1) Additional fines or late fees;

(2) Transfer of deposits and remittances;

(3) Auction or dispose of sealed or seized places, facilities or property in accordance with the law;

(4) Eliminate obstacles and restore them to their original state;

(5) Perform on behalf of others;

(6) Other enforcement methods.

100. Liao was serving his sentence in prison and was beaten by fellow inmates due to the indulgence of the prison management staff, causing one of his legs to become disabled. After six months of treatment, Liao partially lost his ability to work and applied for state compensation. The following are within the scope of state compensation:

A. Medical expenses

B. Disability assistive device expenses

C. Disability compensation

D. Living expenses of the incapable person supported by Liao

Article 34 of the "State Compensation Law" [Calculation of compensation for infringement of the right to life and health] If a citizen's right to life and health is infringed upon, compensation Calculated in accordance with the following provisions:

(1) If physical injury is caused, medical expenses, nursing expenses, and loss of income due to missed work shall be paid. The daily compensation for reduced income is calculated based on the national average daily wages of employees in the previous year, and the amount is 5 times the national average annual wages of employees in the previous year; (2) If it results in partial or total loss of working ability, Necessary expenses increased due to disability such as medical expenses, nursing expenses, disability living aids, rehabilitation expenses, and expenses necessary for continued treatment, as well as disability compensation should be paid.

Disability compensation is determined based on the degree of loss of working ability and the disability level stipulated by the state, and shall not exceed 20 times the national average annual salary of employees in the previous year. If it causes total loss of working ability, living expenses shall also be paid to the dependent persons who are incapable of working;

(3) If death is caused, death compensation and funeral expenses shall be paid, with a total amount of the state's previous year's 20 times the average annual salary of employees. Living expenses must also be paid to those who are incapable of working and were supported by the deceased during his lifetime.

This answer and analysis are provided by the judiciary and are for reference only.