Law of the People's Republic of China on State Compensation

Law of the People's Republic of China on State Compensation

Order of the President [1994] No.23

May 12, 1994

(Adopted on May 12, 1994 at the Seventh Session of the Standing Committee of the Eighth National People's Congress and promulgated on the same day)

Contents

Chapter I General Principles
Chapter II Administrative Compensation
Section 1 Scope of Compensation
Section 2 Claimant for Compensation and Organs for compensatory Obligations
Section 3 Procedure of Compensation
Chapter III Criminal Compensation
Section 1 Scope of Compensation
Section 2 Claimant for Compensation and Organ for Compensatory Obligations
Section 3 Procedures of Compensation
Chapter IV Methods of Compensation and Calculation Standards
Chapter V Other Provisions
Chapter VI Supplementary Provisions

Chapter I General Principles
　
Article 1 In conformity with the Constitution, this Law is enacted to protect citizens, legal persons and other organizations to enjoy the right to compensation by the state and to promote the state organs to exercise their functions and powers in accordance with law.
　
Article 2 If a state organ or a member of its personnel, when exercising functions and powers in violation of the law, infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damages the aggrieved person shall have the right to recover damages from the state in accordance with this Law.
The obligations of state compensation shall be performed by the organs under compensatory obligations stipulated by this Law.

Chapter II Administrative Compensation

Section 1 Scope of Compensation
　
Article 3 The aggrieved person shall have the right to recover damages in one of the following circumstances where an administrative organ or its personnel infringes upon his personal rights when exercising functions and powers:
1. where there is unlawful detention or an unlawful compulsory administrative measure to restrict the personal freedom of a citizen;
2. where there is unlawful custody or otherwise unlawful deprivation of the personal freedom of a citizen;
3. where such violent act as battery or abetting others in battery causes bodily injury to or decease of a citizen;
4. where the use of weapon or police apparatus in violation of laws causes bodily injury to or decease of a citizen;
5. other unlawful acts which cause bodily injury to or decease of a citizen.)>
　
Article 4 The aggrieved person shall have the right to recover damages in one of the following circumstances where an administrative organ or its personnel infringes upon his property right when exercising its functions and powers:
1. imposing an administrative punishment in violation of the law, such as fining, revocation of a permit or license, order to suspend production or business operation or confiscation of property and article;
2. taking a compulsory administrative measure in violation of the law such as sealing up, distraining or freezing of property;
3. expropriating property and article or apportioning expenses in violation of rules and regulations of the state;
4. other unlawful acts which cause damage to property.)>
　
Article 5 The state shall not be liable for compensation in one of the following circumstances:
1. where the personal act by personnel of the state organ, which does not relate to his exercise of functions and powers;
2. where the act by a citizen, legal person or other organization itself causes damage;
3. other situations as provided for by law.

Section 2 Claimant for Compensation and Organs for compensatory Obligations
　
Article 6 The aggrieved citizen, legal person or other organization shall have the right to claim compensation.
Where the aggrieved citizen is deceased, his successor or other relatives with maintenance relation shall have the right to claim compensation.
Where the aggrieved legal person or other organization has terminated, the legal person or other organization which succeeds its rights shall have the right to claim compensation.
　
Article 7 Where an administrative organ and its personnel infringe upon the lawful rights and interests of a citizen, a legal person or other organization and cause damage when exercising its administrative functions and powers, the organ shall be responsible for fulfilling compensatory obligations.
Two administrative organs or more which infringe upon the lawful rights and interests of a citizen, legal person or other organization and cause damage when exercising their joint administrative functions and powers, shall be the organs under joint compensatory obligations.
An organization authorized by law which infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage when exercising its authorized administrative powers, shall be the organ under compensatory obligations.
An organization or individual entrusted by an administrative organ infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage when exercising the entrusted administrative powers, shall be the organ under compensatory obligations.
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