Legal System of China-State Compensation System

1、此资料由网络收集而来，如有侵权请告知上传者立即删除。资料共分享，我们负责传递知识。Legal System of China:State Compensation SystemThe state， under this system， is required to compensate for damages it has caused through infringement of citizens rights. Article 2 of the Law on State Compensation， passed on May 12， 1994 by the Eighth National Peoples Congress states， “Citizens， legal persons or other organizations have the right to seek compensation from the state if state organs and office holders abuse their power and infringe upon thei

2、r lawful rights and interests and have caused damages thereof.”The State Compensation Law specifies two kinds of compensation： administrative and criminal.Administrative CompensationThe state should assume the responsibility of compensation if government offices or their staff abuse their power and infringe upon the lawful rights and interests of citizens， legal persons or other organizations and have caused damages thereof. Administrative compensation is the primary component of state compensat

3、ion.1. Scope of CompensationArticles 3 and 4 of the State Compensation Law specifies the scope of compensation： Unlawfully detain citizens or adopt unlawful administrative， forceful measures to restrict citizens corporal freedom； Unlawfully incarcerate citizens or adopt other measures depriving citizens of their corporal freedom； Use violent means such as battering or induce others to use violent means such as battering that has caused physical injuries or death to citizens； Abuse weapons or pol

4、ice devices and have caused physical injuries or death to citizens； Other unlawful acts that have caused physical injuries or death to citizens； Abuse administrative penalties such as imposing fines， revoking licenses or permits， ordering suspension of business or confiscation of property； Abuse administrative measures such as sequestrating， detaining or freezing property； Abuse government regulations in expropriating property or levying fees； Other unlawful acts that have caused property damage

5、s to citizens.Article 5 of the State Compensation Law also specifies a number of situations where the state does not assume the responsibility for compensation： Personal acts by government employees unrelated to the exercise of their duties； Damages caused by acts committed by citizens， legal persons or other organizations themselves； and Other situations as provided for in the law.2. Compensation BodyThe State Compensation Law provides for the following ways for defining responsibility of compe

6、nsation： If damage is done by a government office or its staff， then the office should assume the responsibility for compensation； If damage is done by more than two government offices， then all the offices involved should jointly assume the responsibility for compensation； If damage is done by organizations under authorization of laws and regulations， then the authorized organizations should assume the responsibility for compensation； If damage is done by organizations or individuals authorized

7、 by government bodies in the exercise of authorized powers， then the authorizing bodies should assume the responsibility for compensation； If the government body responsible for compensation no longer exists， then its succeeding body should assume the responsibility for compensation； if no such succeeding body exists， then the administrative body that eliminates the body responsible for compensation should assume that responsibility； If damage is awarded by an administrative reconsideration body

8、， then the original body that causes the damage should be held responsible for compensation； however， if the reconsideration decision has aggravated the damage done， then the reconsideration body should assume responsibility for compensation for the aggravated part.Claimants of administrative compensation should first file their claim with the administrative body responsible for compensation； they may also raise their claim while applying for administrative reconsideration or filing an administr

9、ative suit. They should not directly file a suit without first going through the administrative body responsible for compensation.Criminal CompensationCriminal compensation applies when the judicial authorities wrongly detain or arrest citizens or wrongly adjudicate cases.1. Scope of CompensationArticles 15 and 16 of the State Compensation Law specifies the scope of criminal compensation as follows： Wrongly detain persons without incriminating facts or without facts proving that the persons are prime suspects； Wrongly arrest persons without incriminating facts； Persons who are pronounced innocent in a judicial review but who have already served their sentence as ruled in the original trial； Extort a confession through torture or cause physical injuries or death to citizens through battery by judicial personnel or othe

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