People's Republic of China National Compensation Law Management Measures for National Compensation Funds

Author: China Legal Publishing House
Publisher:
Publish Date: 2002-05-01
Features: Excerpt: The State Compensation Law of the People's Republic of China (Passed at the 7th Session of the Standing Committee of the 8th National People's Congress on May 12, 1994; Promulgated by the Order of the President of the People's Republic of China No. 23 on May 12, 1994; Effective from January 1, 1995) General Provisions
Article 1 To guarantee that citizens, legal persons, and other organizations enjoy the right to obtain state compensation in accordance with the law and to promote state organs to exercise their powers in accordance with the law, this Law is formulated in accordance with the Constitution.
Article 2 When state organs or their staff members exercise their powers in violation of the law and infringe upon the legitimate rights and interests of citizens, legal persons, or other organizations, causing damage, the victims shall have the right to obtain state compensation in accordance with this Law. State compensation shall be fulfilled by the compensation-entitled organ stipulated in this Law.
Chapter II Administrative Compensation
Section I Scope of Compensation
Article 3 When administrative organs or their staff members exercise administrative powers and commit any of the following acts that infringe upon the right to personal freedom, the victims shall have the right to obtain compensation:
(1) Illegally detaining or taking administrative coercive measures that restrict the personal freedom of citizens;
(2) Illegally detaining or depriving citizens of their personal freedom by other means;
(3) Causing physical injury or death to citizens through violent acts such as beating or inciting others to commit such acts;
(4) Illegally using weapons or police equipment, causing physical injury or death to citizens;
(5) Other illegal acts that cause physical injury or death to citizens.
Article 4 When administrative organs or their staff members exercise administrative powers and commit any of the following acts that infringe upon property rights, the victims shall have the right to obtain compensation:
(1) Illegally imposing administrative penalties such as fines, revoking licenses and permits, ordering production suspension or shutdown, or confiscating property;
(2) Illegally implementing administrative coercive measures such as seizure, confiscation, or freezing of property;
(3) Illegally collecting property or levying fees in violation of state regulations;
(4) Other illegal acts that cause property damage.
Article 5 State shall not bear compensation liability in the following cases:
(1) Personal acts of administrative organ staff members unrelated to the exercise of their powers;
(2) Damage caused by the actions of citizens, legal persons, or other organizations themselves;
(3) Other cases stipulated by law.
Section II Claimants and Compensation-Entitled Organs
Article 6 Victims, including citizens, legal persons, and other organizations, have the right to claim compensation. If the victim is a citizen who has died, their successors and other family members who are supported by them shall have the right to claim compensation. If the victim is a legal person or other organization that has terminated, the legal person or other organization that succeeds its rights shall have the right to claim compensation.
Article 7 If an administrative organ or its staff members exercise administrative powers and infringe upon the legitimate rights and interests of citizens, legal persons, or other organizations, causing damage, such administrative organ shall be the compensation-entitled organ. If two or more administrative organs jointly exercise administrative powers and infringe upon the legitimate rights and interests of citizens, legal persons, or other organizations, causing damage, such administrative organs shall be jointly the compensation-entitled organs.