[Direct answer]In the Beijing area, administrative compensation is calculated according to the standards of the National Compensation Law and is divided into three categories: 1. For infringements of personal freedom, compensation is paid based on the average daily wage of workers nationwide in the previous year. 2. For infringements of the right to life and health, compensation includes medical expenses, nursing care fees, loss of income, and disability compensation (up to 20 times the average annual wage of workers in the previous year), as well as death compensation and funeral expenses (totaling 20 times the average annual wage). 3. For infringements of property rights, if the property can be returned, it shall be returned; if it can be restored, it shall be restored; if not, direct losses shall be compensated. For illegal expropriation and requisition, compensation shall be made according to legal standards. For damage or loss during seizure and detention, compensation shall be made at the appraised value. 4. For serious consequences of mental harm, additional consolation money shall be paid.

I. Problem Background and Typical Scenarios

High-frequency scenarios of administrative compensation: how to calculate the losses of houses and items inside them after illegal demolition; daily compensation for illegal detention or wrongful restriction of personal freedom; losses caused by illegal seizure and detention leading to business interruption; compensation for personal injuries during law enforcement. The three most concerned figures by the parties involved are: how much compensation is given for each day of personal freedom; what price is used to compensate for demolished houses; and whether the losses caused by business suspension are compensated.

II. Key points of contention

First, the benchmark for compensation for personal freedom. It is calculated based on the average daily wage of workers nationwide in the previous year at the time the compensation decision is made, and is updated annually. The accurate benchmark year should be used when filing a lawsuit. Second, the scope of property losses. Direct losses are the main line - returnable items can be returned, restorable items can be restored to their original state, and losses due to destruction or damage shall be compensated according to direct losses. Losses of items in the house during illegal demolition, decoration additions, and necessary recurring expenses during the period of suspension of production and business shall be calculated separately. Third, the burden of proof. The plaintiff shall provide preliminary evidence of the losses. If the defendant is unable to provide evidence due to reasons such as failing to legally notarize the demolition process, the burden of proof shall be relaxed, and the court may determine the compensation based on the claim and common sense of life. Fourth, compensation for mental distress. Compensation shall only be paid if it causes serious mental distress to others, and the amount shall be related to the circumstances of the infringement and the scope of its impact.

III. Professional analysis by Henglue Lawyers

The calculation and evidence presentation of administrative compensation proceed in accordance with the "item list - benchmark application - evidence reinforcement" process. **Item Listing**: For personal freedom-related claims, the compensation is calculated by multiplying the number of days by the daily benchmark, with the periods of detention, custody, and coercive measures being verifiable on a daily basis. For life and health-related claims, the compensation is itemized based on medical bills, loss of income certificates, and disability ratings (determined by forensic appraisal). The maximum disability compensation is 20 times the benchmark, and the maximum loss of income compensation is five times the average annual salary of workers in the previous year. These two benchmarks must be clearly distinguished. For property-related claims, a distinction is made between "the property is still present" and "the property has been lost". For the former, the focus is on restitution and repair; for the latter, the direct losses are determined based on purchase receipts, depreciation, and market prices. In cases of forced demolition, the items in the house are evaluated based on inventories and common sense. **Benchmark Application**: The average daily wage and annual average wage are based on the national worker data published by the National Bureau of Statistics, using the figures from the year preceding the issuance of the compensation decision. For cases spanning multiple years, the benchmark must be adjusted accordingly. Interest losses (from unlawful seizure of funds or fines) are also within the scope of claimable damages. **Evidence Reinforcement**: Photos, videos, and item inventories from before the forced demolition are the most valuable evidence in establishing the case. Evidence collected after litigation has weaker probative value. If the administrative authority fails to legally notarize or prepare item inventories, the burden of proof is eased, and the court may assess the losses based on the plausibility of the claimant's arguments and common sense. This is the most crucial procedural leverage for demolition victims. **Procedural Path**: Confirmation of unlawfulness and compensation requests can be filed concurrently (as an ancillary claim in the appeal or litigation process) or separately after confirming unlawfulness. Before filing separately, the claimant must first submit the claim to the compensation-liable authority. If no compensation is provided within the statutory timeframe or the amount is disputed, litigation can be initiated. When the compensation decision aligns with the litigation claims, the court typically handles all compensation items together, without splitting them into multiple cases. In Beijing courts, compensation cases involving forced demolition typically refer to the comprehensive assessment of housing losses based on nearby similar real estate market prices and resettlement policies, with claims structured as "market price at the time of unlawfulness + renovation additions + items in the house + relocation and transition costs". Such specific claims are more likely to gain support than general valuations.

IV. Practical Suggestions and Legal Basis

The first step is to prepare a list first: a list of personal injury, property damage, and mental harm, with corresponding evidence for each item; the second step is to verify the benchmark: check the latest wage benchmark and disability level according to the time point of the compensation decision; the third step is to strengthen the evidence: fix the images, lists, and bills before the forced demolition; the fourth step is to coordinate the procedures: confirm that the lawsuit against illegal actions and the compensation request are promoted together to reduce procedural delays. The main legal basis: Article 33 (personal freedom), Article 34 (life and health), Article 35 (mental harm), and Article 36 (property damage) of the State Compensation Law of the People's Republic of China (amended in 2012); relevant procedural provisions of the Administrative Procedure Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

At the negotiation table for administrative compensation, there's no room for "feeling cheated"; there are only three essential elements: a detailed list of losses, a salary benchmark aligned with the relevant year, and a complete set of documentary evidence. Once all three elements are in place, the discretionary room for negotiation can be minimized. In cases involving forced demolition, the first step is to secure video footage and a detailed list of losses, rather than engaging in endless discussions about compensation terms. Cases involving administrative compensation and state compensation can be resolved through legal channels.Land expropriation and demolition, and administrative litigationThe service provides a comprehensive solution, which includes assessing the damage to the house and providing reference values for the real estate.Real estate transactions and construction projectsThis is a description of the reference materials for comparing personal injury compensation items across different regions and industries.Personal injury and medical disputesFor reference, the following sections involve the execution and recovery of compensation paymentsCreditor's rights and debts, and enforcement casesFor plates, the design of case solutions can be combined with itSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: How much compensation is paid for infringement of personal freedom per day?

The compensation shall be calculated based on the average daily wage of workers nationwide in the previous year at the time the compensation decision is made. The benchmark shall be updated annually, and the number of days shall be calculated on a daily basis.

Q2: What is the compensation price for a house that has been illegally demolished?

Generally, the price of similar real estate markets in the surrounding area is taken as a reference, and the direct losses such as decoration additions, items in the house, and moving and transition costs are comprehensively determined.

Q3: Will I be compensated for the losses caused by the suspension of production and business operations?

Compensation. The compensation shall be calculated based on the necessary regular expenses during the period of suspension of production and business operations, which shall be supported by business accounts and vouchers.

Q4: How will the insurance company compensate if there's no inventory list of the items in the house?

If the administrative organ fails to inventory the notarized documents in accordance with the law, the burden of proof shall be relaxed, and the court shall determine the amount based on the plaintiff's reasonable claims and common sense in daily life.

Q5: Can compensation be awarded for mental distress damages?

It is only paid when there is mental damage and the consequences are serious, and the amount is related to the circumstances of the infringement and the scope of its impact, rather than a standard item.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.