People's Republic of China National Compensation Law - Practical Edition

Author: State Council Legal Office
Publisher:
Publish Date: 2006-07-01
Features: State compensation, which refers to a form of liability assumed by the state, is a system where state organs and their staff members, in the course of exercising their powers, commit illegal acts that infringe upon the legitimate rights and interests of citizens, legal persons, or other organizations. The state must bear the compensation liability, and the organ that committed the illegal act is obligated to fulfill the compensation duty. If citizens, legal persons, or other organizations believe that the exercise of power by state organs and their staff members infringes upon their legitimate rights and interests, they may demand state compensation. State compensation is divided into administrative compensation, criminal compensation, and non-criminal judicial compensation based on the types of state power that infringe upon the claimant. The general procedure for applying for state compensation is as follows: In the case of administrative compensation, the claimant may file an administrative compensation claim independently. In this situation, the claimant should first submit the claim to the organ that is obligated to fulfill the compensation duty, which will handle the case first. If the claimant is dissatisfied, they may then file a lawsuit in the People's Court. Alternatively, the claimant may submit the compensation claim concurrently when filing for administrative review or administrative litigation. The procedures for criminal compensation and non-criminal judicial compensation are similar. The claimant should first submit the claim to the organ that is obligated to fulfill the compensation duty. If dissatisfied with the handling of the claim by the organ, the claimant may file an appeal or petition with a higher-level organ. State compensation, which refers to a form of liability assumed by the state, is a system where state organs and their staff members, in the course of exercising their powers, commit illegal acts that infringe upon the legitimate rights and interests of citizens, legal persons, or other organizations. The state must bear the compensation liability, and the organ that committed the illegal act is obligated to fulfill the compensation duty. If citizens, legal persons, or other organizations believe that the exercise of power by state organs and their staff members infringes upon their legitimate rights and interests, they may demand state compensation. State compensation is divided into administrative compensation, criminal compensation, and non-criminal judicial compensation based on the types of state power that infringe upon the claimant. The general procedure for applying for state compensation is as follows: In the case of administrative compensation, the claimant may file an administrative compensation claim independently. In this situation, the claimant should first submit the claim to the organ that is obligated to fulfill the compensation duty, which will handle the case first. If the claimant is dissatisfied, they may then file a lawsuit in the People's Court. Alternatively, the claimant may submit the compensation claim concurrently when filing for administrative review or administrative litigation. The procedures for criminal compensation and non-criminal judicial compensation are similar. The claimant should first submit the claim to the organ that is obligated to fulfill the compensation duty. If dissatisfied with the handling of the claim by the organ, the claimant may file an appeal or petition with a higher-level organ.