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, in the exercise of 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 must fulfill the obligation of compensation. If citizens, legal persons, or other organizations believe that the exercise of power by state organs and their staff infringes upon their legitimate rights and interests, they can 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 administrative compensation, the claimant can file an administrative compensation claim independently. In this case, the claimant should first submit it to the organ that fulfills the compensation obligation, which will handle it first. If the claimant is dissatisfied, they can then file a lawsuit in the People's Court; alternatively, the claimant can also submit the compensation claim along with a request for administrative review or a lawsuit for administrative compensation 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 fulfills the compensation obligation. If dissatisfied with the handling of the organ, the claimant can file a review or appeal with the 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, in the exercise of 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 must fulfill the obligation of compensation. If citizens, legal persons, or other organizations believe that the exercise of power by state organs and their staff infringes upon their legitimate rights and interests, they can 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 administrative compensation, the claimant can file an administrative compensation claim independently. In this case, the claimant should first submit it to the organ that fulfills the compensation obligation, which will handle it first. If the claimant is dissatisfied, they can then file a lawsuit in the People's Court; alternatively, the claimant can also submit the compensation claim along with a request for administrative review or a lawsuit for administrative compensation when filing for administrative review or administrative litigation.