Does State Compensation Refund Execution Penalty Calculate Interest?

According to the relevant laws and regulations of China, if the fine or penalty imposed, the recovered or confiscated money is returned, and the frozen deposit or remittance is released, the bank shall pay interest on the deposit for the same period.

(2) Where the property is sealed up, seized or frozen, the seizure, seized or frozen property shall be lifted, causing damage or loss of property, and compensation shall be made in accordance with the provisions of paragraphs 3 and 4 of this Article ;

If the property that should be returned is damaged, it can be restored to the original state, and if it cannot be restored, the corresponding compensation shall be paid according to the degree of damage;

If the property has been auctioned or sold, the price of the auction or sale shall be paid; if the sale price is significantly lower than the value of the property, the corresponding compensation shall be paid;

Where the execution of a fine or fine, recovery or confiscation of money, release of frozen deposits or remittances, bank deposit interest shall be paid;

1. Essentials of the subject of infringement. According to the National Compensation Law, the subject of infringement must be a state organ or its staff and an organization authorized by laws and regulations (the powers granted are limited to administrative powers, excluding judicial powers) .

2, elements of infringement. The existence of a tort is one of the elements that constitutes the state s liability, that is, what actions of the subject of the state s tort can cause the state s liability.

3. Damage results. The result of damage refers to the established objective damage caused by state organs and their staff members illegal exercise of their powers and infringements on the legitimate rights and interests of citizens, legal persons or other organizations.

4. There is a causal relationship between the infringement and the result of the damage. There is a causal relationship between job infringement and the result of damage. The lawful rights and interests of citizens, legal persons or other organizations are impaired by state agencies and their staff members. There must be an inevitable, intrinsic and essential link between the results. Only if there is such a link between the two is the State responsible for compensation.

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