Decision of the Standing Committee of the National People's Congress on Revising the State Compensation Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the State Compensation Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the State Compensation Law of the People's Republic of China
Order of the President of the People's Republic of China No. 29
April 29, 2010
The Decision on Revising the State Compensation Law of the People's Republic of China, which was passed at the 14th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 29, 2010, is hereby issued with effect from December 1, 2010.
President of the People's Republic of China: Hu Jintao
Decision of the Standing Committee of the National People's Congress on Revising the State Compensation Law of the People's Republic of China
(Adopted at the 14th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 29, 2010)
It is decided at the 4th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China to revise the State Compensation Law of the People's Republic of China as follows:
1. Article 2 is revised to read: "Where a State organ or State functionary, when executing functions and powers, infringe upon the legitimate rights and interests of the citizens, legal persons and other organizations and cause damages to them, the aggrieved person shall have the right to State compensation in accordance with the Law.
The organs liable for compensation as stipulated herein shall discharge their duties of compensation in a timely manner in accordance with the Law."
2. Item 3 of Article 3 is revised to read: "3. using or instigating or indulging violence such as beating one up and abuse, thereby causing bodily injury or death to a citizen".
3. Item 3 of Article 4 is revised to read: "3. expropriating or apportioning property in violation of rules and regulations of the state".
4. The third paragraph of Article 6 is revised to read: "Where a victimized legal person or other organization is terminated, the successor to the rights shall have the right to demand compensation."
5. Article 9 is revised to read: "The organ for compensatory obligations shall pay compensation if it falls into one of the circumstances as provided for in Article 3 and Article 4 of this Law once confirmed in accordance with law.
A claimant shall, first, file a claim for compensation with an organ under compensatory obligations and may, in the meantime, file a claim when applying for an administrative reconsideration and instituting an administrative procedure."
6. Article 12 is revised to include one new paragraph as the third paragraph which reads: "Where the claimant is not the victim, he shall state his relationship with the victim and produce corresponding certificates"; and
One new paragraph as the fourth paragraph which reads: "Where the claimant submits its/his application in person, the organ liable for compensation shall issue a written voucher with its special seal and the date of receipt on the spot. If the application materials are incomplete, the organ liable for compensation shall notify the claimant of all materials that shall be supplemented on the spot or within five days in one time."
7. Article 13 is revised to become Articles 13 and 14 which read respectively as follows: Article 13: "The organ under compensatory obligations shall, within 2 months from the date of receipt of the application, make a decision on whether to make the compensation. When making the compensation decision, the organ liable for compensation shall take full consideration of the opinions of the claimant and may negotiate with the claimant with respect to the forms, items and amounts of compensation in accordance with Chapter IV herein.
Where the organ liable for compensation decides to make the compensation, it shall prepare the letter of compensation and send it to the claimant within 10 days upon the date of making the decision.
Where the organ liable for compensation decides to make no compensation, it shall notify the claimant within 10 days the date of making the decision in writing and explain the reasons for such decision."
Article 14: "Where the organ liable for compensation fails to make a decision on whether to make compensation within the time limit, a claimant may bring a suit to a people's court within three months since the date of expiration of the period.
Where the claimant disagrees with the forms, items and amounts of compensation, or the organ liable for compensation has made a decision on making no compensation, the claimant may bring a suit to a people's court within three months since the date when the organ liable for compensation makes the compensation or the decision on non-compensation."
8.
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Order of the President of the People's Republic of China No. 29
April 29, 2010
The Decision on Revising the State Compensation Law of the People's Republic of China, which was passed at the 14th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 29, 2010, is hereby issued with effect from December 1, 2010.
President of the People's Republic of China: Hu Jintao
Decision of the Standing Committee of the National People's Congress on Revising the State Compensation Law of the People's Republic of China
(Adopted at the 14th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 29, 2010)
It is decided at the 4th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China to revise the State Compensation Law of the People's Republic of China as follows:
1. Article 2 is revised to read: "Where a State organ or State functionary, when executing functions and powers, infringe upon the legitimate rights and interests of the citizens, legal persons and other organizations and cause damages to them, the aggrieved person shall have the right to State compensation in accordance with the Law.
The organs liable for compensation as stipulated herein shall discharge their duties of compensation in a timely manner in accordance with the Law."
2. Item 3 of Article 3 is revised to read: "3. using or instigating or indulging violence such as beating one up and abuse, thereby causing bodily injury or death to a citizen".
3. Item 3 of Article 4 is revised to read: "3. expropriating or apportioning property in violation of rules and regulations of the state".
4. The third paragraph of Article 6 is revised to read: "Where a victimized legal person or other organization is terminated, the successor to the rights shall have the right to demand compensation."
5. Article 9 is revised to read: "The organ for compensatory obligations shall pay compensation if it falls into one of the circumstances as provided for in Article 3 and Article 4 of this Law once confirmed in accordance with law.
A claimant shall, first, file a claim for compensation with an organ under compensatory obligations and may, in the meantime, file a claim when applying for an administrative reconsideration and instituting an administrative procedure."
6. Article 12 is revised to include one new paragraph as the third paragraph which reads: "Where the claimant is not the victim, he shall state his relationship with the victim and produce corresponding certificates"; and
One new paragraph as the fourth paragraph which reads: "Where the claimant submits its/his application in person, the organ liable for compensation shall issue a written voucher with its special seal and the date of receipt on the spot. If the application materials are incomplete, the organ liable for compensation shall notify the claimant of all materials that shall be supplemented on the spot or within five days in one time."
7. Article 13 is revised to become Articles 13 and 14 which read respectively as follows: Article 13: "The organ under compensatory obligations shall, within 2 months from the date of receipt of the application, make a decision on whether to make the compensation. When making the compensation decision, the organ liable for compensation shall take full consideration of the opinions of the claimant and may negotiate with the claimant with respect to the forms, items and amounts of compensation in accordance with Chapter IV herein.
Where the organ liable for compensation decides to make the compensation, it shall prepare the letter of compensation and send it to the claimant within 10 days upon the date of making the decision.
Where the organ liable for compensation decides to make no compensation, it shall notify the claimant within 10 days the date of making the decision in writing and explain the reasons for such decision."
Article 14: "Where the organ liable for compensation fails to make a decision on whether to make compensation within the time limit, a claimant may bring a suit to a people's court within three months since the date of expiration of the period.
Where the claimant disagrees with the forms, items and amounts of compensation, or the organ liable for compensation has made a decision on making no compensation, the claimant may bring a suit to a people's court within three months since the date when the organ liable for compensation makes the compensation or the decision on non-compensation."
8.
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