Standing Committee Of The National People's Congress On Revising The People's Republic Of China Law On State Compensation Decisions

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国国家赔偿法》的决定

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Standing Committee of the national people's Congress on revising the People's Republic of China Law on State compensation decisions

(October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to 68th, published since January 1, 2013) the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China on State Compensation Act read as follows:

The 19th article is revised as follows: "in accordance with the criminal procedure second, No. 273 of 15th, the 173th article article Article No. 279, no criminal who is in custody."

This decision shall enter into force on January 1, 2013.

People's Republic of China Law on State compensation in accordance with this decision be revised and republished. Attachment: People's Republic of China on State compensation law (amended in 2012) (May 12, 1994 meeting of the Standing Committee of the seventh National People's Congress on May 12, 1994, People's Republic of China presidential order released 23rd of April 29, 2010, the 14th meeting of the Standing Committee of the 11th NPC on April 29, 2010, People's Republic of China presidential order released 29th come into force on December 1, 2010

Standing Committee of the national people's Congress to amend People's Republic of China decision on first amendment to the State compensation law of October 26, 2012, 11th the 29th meeting of the Standing Committee of national people's Congress on October 26, 2012 People's Republic of China President to 68th, published since January 1, 2013, to the Standing Committee of the national people's Congress to amend People's Republic of China decision on second amendment to the State compensation law)

Directory

Chapter I General provisions

 Chapter II administrative compensation

 Section I scope

 Section II compensation claimant and compensation obligation

Section III compensation procedure

 Chapter III of criminal compensation

 Section I scope

 Section II compensation claimant and compensation obligation

Section III compensation procedure

Fourth chapter of compensation and calculation standards

Other provisions of the fifth chapter

The sixth chapter supplementary provisions chapter I General provisions

First to protect the citizens, legal person or other organization shall have the right to State compensation in accordance with law, shall exercise functions of State organs in accordance with the Constitution, this law is enacted.

And functionaries of State organs to exercise article II powers, violations of the provisions of this law, citizens, legal persons and other organizations, the legitimate rights and interests, causing damage, the victim has the right to access to State compensation in accordance with this law.

Organ under compensatory obligations stipulated in this law, shall comply in a timely manner in accordance with this law compensation obligations.

Chapter II administrative compensation

Section I scope

Thirdly, administrative organs and their staff in the exercise of administrative authority any of the following violations of the personal circumstances, the victim has the right to obtain compensation:

(A) illegal detention or unlawful compulsory administrative measures restricting the personal freedom of a citizen;

(B) unlawful custody or otherwise unlawful deprivation of the personal freedom of citizens;

(C), ill-treatment and other acts as battery or abetting, indulging another person to assault, abuse and other acts causing bodily injury to or decease of a citizen;

(D) unlawful use of weapon or police apparatus causing bodily injury to or decease of a citizen;

(E) other violations caused bodily injury to or decease of a citizen.

Fourth administrative organs and their staff in the exercise of administrative authority as a violation of the property right of the following circumstances, the victim has the right to obtain compensation:

(A) an implementation of fine, rescission of a license or permit, order to suspend production or business or confiscation of property and other administrative penalties;

(B) illegal to property of administrative coercive measures such as sealing up, distraining, freezing;

(C) the unlawful expropriation and requisition of property;

(D) other violations caused damage to property.

Article belongs to one of the following circumstances, the State is not liable for:

(A) the executive staff independent of the exercise of authority and personal behavior;

(B) their actions by citizens, legal persons and other organizations causing damage;

(C) other circumstances as stipulated by law.

Section II compensation claimant and compensation obligation

Article sixth injured citizens, legal persons and other organizations have the right to claim compensation.

The aggrieved citizen died, his successor or other relatives have the right to seek compensation in a dependency relationship.

Termination of aggrieved legal person or other organization, successor to its right to claim compensation.

Seventh administrative organs and their staff shall exercise the executive powers citizen cause damages, legal persons and other organizations, the administrative organ for compensatory obligations.

When two or more administrative organs have in common the exercise of administrative powers citizen cause damages, legal persons and other organizations, and joint exercise of the Executive authority of the administrative authority for the common organ for compensatory obligations.

Authorized by laws and regulations violations when the Organization in the exercise of the executive powers conferred by citizens, legal persons and other organizations that cause damages, authorized organizations for the organ for compensatory obligations.

Commissioned by the administration organizations or individuals in the exercise of delegated administrative powers violated citizens, legal persons and other organizations that cause damages, principal administrative organ for compensatory obligations.

Compensation obligation has been revoked, continues to exercise the authority of the Administrative Office for the organ for compensatory obligations without continues to exercise the powers of the executive authorities, revocation of the compensation obligation of the administrative organ for compensatory obligations.

Article eighth by the administrative body for reconsideration, initially causing violations of administrative organ for compensatory obligations, but reconsideration of a reconsideration decision aggravated damages, the administrative body for partial performance to increase obligation of compensation.

Section III compensation procedure

Nineth organ under compensatory obligations of this law article, one of the circumstances prescribed in the fourth, compensation should be awarded.

The claimant seeks compensation for, shall be first submitted to the organs under compensatory obligations, can also apply for administrative reconsideration or bring an administrative suit when I present.

Tenth claim people can contribute to the common organ under compensatory obligations of any of the organs under compensatory obligations for compensation, the organ under compensatory obligations shall pay compensation first.

11th different damage to the claimant in accordance with article may file several claims for compensation.

12th claim for compensation shall be submitted to the application, the application shall set forth the following:

(A) the victim's name, gender, age, place of work and residence, legal person or other organization names, addresses and name of the legal representative or principal responsible person, job;

(B) specific requirements, fact and reason;

(C) for the year, month, day.

Claimant application for writing is difficult, and may entrust drafting also orally, by the organs under compensatory obligations entered into the written record.

The claimant is not the victims themselves, and should describe the relationship with the victim, and provide the appropriate proof. Claimant in person to submit the application form, the organ under compensatory obligations shall be issued on the spot with the administrative organ-specific seal and indicate the date of receipt of the written document.

Application materials are complete, the organ under compensatory obligations shall be spot or one-time told the claimant need correction in the 5th all. 13th organ under compensatory obligations shall, within two months from the date of receipt of the application, make a decision on whether compensation.

Compensation obligation to make compensation decisions, should fully hear the views of the claimant, and the claimant compensation, compensation programs and the amount of compensation stipulated in the fourth chapter of this law for consultation.

Organ under compensatory obligations for compensation, shall make a written decision on compensation, and since the date of the decision served on the claimant in the 10th.

No compensation for organ under compensatory obligations, shall take a decision within 10th of written notice to the claimant, and give reasons for no compensation.

14th organ under compensatory obligations within the time stipulated in the decision on whether compensation had been made, the claimant may, within three months from the date of the expiry, initiate litigation to the people's Court.

The claimant, project, disagrees with the amount of compensation or no compensation decisions of the organs under compensatory obligations, the claimant can be the organ for compensatory obligations to pay compensation or no compensation within three months from the date of the decision, initiate litigation to the people's Court.

15th court cases relating to executive compensation, compensation claimant and compensation obligations for their own claims, evidence should be provided.

Organ under compensatory obligations taken coercive measures during administrative detention or restriction of liberty, death or incapacity of the person subjected to restriction of personal freedom, the organ under compensatory obligations and is restricting freedom of the person's death or whether the incapacitation of a causal relationship, the organ under compensatory obligations shall provide evidence.

After the 16th loss of the organ under compensatory obligations, shall order the intentional misconduct or gross negligence of the staff or authorized organizations or individuals to bear part or all of the damages.

The intentional misconduct or gross negligence of persons, relevant authorities shall impose disciplinary action constitutes a crime, criminal liability shall be investigated for.

Chapter III of criminal compensation

Section I scope

17th organ under investigation, prosecution, adjudication and powers of detention, prison authorities and their staff in the exercise of their duties following infringement of one of the victims have a right to compensation:

(A) detention measures against citizens in violation of criminal law, or in accordance with the criminal procedure law, the conditions and procedures for detention measures against citizens, but longer than the time frame stipulated by the criminal procedure law, subsequently decided to dismiss the case, no prosecution or acquitted termination liability judgments;

(B) on a citizens arrest measures, decided to dismiss the case, not acquitted terminate criminal prosecution or sentencing;

(C) in accordance with the procedure for trial supervision retrial a judgment of acquittal, but the penalty has been executed;

(D) acts such as torture or beatings, abuse or instigation of, or indulging others in beatings, ill-treatment and other acts causing bodily injury to or decease of a citizen;

(E) unlawful use of weapon or police apparatus causes bodily injury to or death of a citizen.

18th organ under investigation, prosecution, adjudication and powers of detention, prison authorities and their staff in the exercise of their duties of any of the following violations of the right to property, the victim has the right to obtain compensation:

(A) illegal property seizure, seizure, freezing and recovery measures;
(B) a judgment of acquittal in accordance with the procedure for trial supervision retrial, upheld the fines, confiscation of property has been implemented.

19th belongs to one of the following circumstances, the State is not liable for:

(A) citizens of his intentionally false confession or falsification of other evidence of guilt being detained or sentenced;

(B) in accordance with article 17th, 18th article not criminally responsible persons were detained;

(C) in accordance with the criminal procedure second, No. 273 of 15th, the 173th article Article No. 279, stipulates that no criminal persons were detained;

(D) terms of reference of the bodies, as well as investigation, prosecution, trial detention, prison staff and exercise the authority of the regulatory body not related to personal behavior;

(V) damage resulting from self-harm, self-mutilation, deliberate acts of citizens;

(Vi) other circumstances as stipulated by law.

Section II compensation claimant and compensation obligation

20th the claimant identified in accordance with the provisions of this law article sixth.

21st organ under investigation, prosecution, adjudication and powers of detention, prison authorities and their staff in the exercise of their duties violated citizens, legal persons and other organizations that cause damages, the organ for compensatory obligations.

Detention measures against citizens, State compensation shall be given in accordance with this law, made decision to detain the organ for compensatory obligations.

Taken after the arrest of citizens decided to dismiss the case, no prosecution or judgement for acquittal, to arrest the organ for compensatory obligations. Retrial of a judgment of acquittal, which the original's court verdict as the organ for compensatory obligations.

Second-instance judgment of acquittal and remanding innocence after dealing with ne bis in idem, a guilty verdict of first instance court for the organ for compensatory obligations.

Section III compensation procedure

22nd article this law when the organ for compensatory obligations Article 17th, 18th circumstances prescribed, shall be compensated.

The claimant seeks compensation for, shall be first submitted to the organs under compensatory obligations.

The claimant makes a request for reparations, for 11th and 12th of provisions of this law. 23rd organ under compensatory obligations shall, within two months from the date of receipt of the application, make a decision on whether compensation.

Compensation obligation to make compensation decisions, should fully hear the views of the claimant, and the claimant compensation, compensation programs and the amount of compensation stipulated in the fourth chapter of this law for consultation.

Organ under compensatory obligations for compensation, shall make a written decision on compensation, and since the date of the decision served on the claimant in the 10th.

No compensation for organ under compensatory obligations, shall take a decision within 10th of written notice to the claimant, and give reasons for no compensation.

24th organ under compensatory obligations within the prescribed period has not made decision on whether compensation, the claimant can be from the date of expiry on the 30th to the organs under compensatory obligations within the next higher level for reconsideration.

The claimant, project, disagrees with the amount of compensation or no compensation decisions of the organs under compensatory obligations, the claimant can be the organ for compensatory obligations to pay compensation or no compensation decisions within 30th of, to the next higher level on the organ under compensatory obligations apply for reconsideration.

Organ under compensatory obligations is the people's Court, to which the claimant may, in accordance with the provisions of this article apply to the people's Court at the UNCC compensation decisions.

25th body for reconsideration shall take a decision within two months from the date of receipt of the application.

The claimant appealed against the decision and can be received within 30th of the reconsideration decision of the administrative body is located apply to the people's Court at the UNCC compensation decisions reconsideration organ fails to make a decision, the claimant may, 30th days after the expiration of the administrative body is located in the people's Court at the Compensation Board for compensation decisions.

26th people's courts Compensation Committee compensation, compensation claimant and compensation obligations for their own claims, evidence should be provided.

Death or incapacity of the detainees in custody, the organ under compensatory obligations and detainees died or whether the incapacitation of a causal relationship, the organ under compensatory obligations shall provide evidence. 27th people's courts Compensation Committee compensation requests, take a written examination approach. If necessary, the to units and personnel investigations and collect evidence.

Compensation claimant and compensation obligation for facts, causes and controversial, the Commission will hear claims and statements and pleadings of the organ under compensatory obligations, and cross-examination.

28th people's courts Compensation Committee shall, within three months from the date of receipt of the application for compensation decisions are difficult, complex and important cases, approved by the President of the Court, may be extended for three months.

29th intermediate people's Court set up a compensation Committee, the people's court composed of three or more judges, the number of members should be singular.

Compensation Committee compensation decisions, the principle of the minority subordinate to the majority.

Compensation to the Compensation Commission decided that was a legally effective decision, must be complied with.

Article 30th claim or compensation obligation decision on the Compensation Commission, believe that there has been an error, can higher level people's Court complaint with the Commission.

Compensation Committee compensation decisions made after its entry into force, such as the compensation decision found violations of the provisions of this law, by decision of the President of the Court or superior people's Court directive, the Commission shall, within two months to review and make a decision according to law, the people's Court at a higher level of compensation may also review and decision by the Committee.

Supreme People's Procuratorate, people's courts at all levels made by the Compensation Commission decided that the decision taken by the people's Procuratorate at the lower people's courts Compensation Committee finds a violation of the provisions of this law, shall be submitted to the people's Court at the Compensation Committee, people's Court at the Compensation Commission shall, within two months to review and make a decision according to law.

31st after the organ under compensatory obligations shall be made to the staff of one of the following circumstances recover part or all of the damages:

(A) the fourth, fifth and 17th of this law provisions;

(B) in dealing with cases of corruption and bribery, favoritism and perverts.

Persons of the circumstances prescribed in the preceding paragraph, relevant authorities shall impose disciplinary action constitutes a crime, criminal liability shall be investigated for.

Fourth chapter of compensation and calculation standards

32nd national compensation payment as the main article.

Return or restitution of the property, or restitution of property restitution.

Article 33rd violations of citizens ' personal freedom, daily compensation calculated in accordance with State workers ' average salary per day for the last year.

Article 34th violating the right to life and health of citizens, compensation calculated in accordance with the following provisions: (A) causing bodily harm, and shall pay the fees of care, as well as the reduction of compensation for loss of income.

Compensation for reduced income daily calculated in accordance with State workers ' average salary per day for the last year, a maximum of five times the annual average wage of workers on the State; (B) causes partial or total incapacity, shall pay the fees of care, disability life support costs, such as increased necessity based on disability, rehabilitation expenses and the costs necessary to continue treatment, as well as disability compensation. Disability compensation based on the degree of incapacity, determined according to the state-mandated disability class, not more than 20 times the annual average wage of workers on the State.

Total loss of ability to work, on the support of persons with no ability to work and living expenses shall be paid; (C) the death must pay death compensation and funeral expenses, amounting to 20 times the annual average wage of workers on the State.

No able-bodied person to the deceased's dependents, and living expenses shall be paid. Second item, third item of the preceding paragraph the distribution of living standards, according to local minimum living standard.

Dependent who is a minor, maintenance shall be paid until the age of 18; persons with no capacity to work, living expenses shall be paid until death.

Article 35th or 17th of circumstances as provided in section III of this Act, cause moral damage should be in the context of tort actions, to remove the victims, rehabilitation, apology, causing serious consequences, spiritual damage compensation shall be paid.

Article 36th violate the property rights of citizens, legal persons and other organizations causing damage, in accordance with the following provisions:

(A) the Department of fines and penalties, recovery, seizure of property or unlawful expropriation and requisition of property, restitution of property;

(B) the sealing up, seizing or freezing of property, remove the sealing up, seizing or freezing of property, resulting in property damage or loss, in accordance with the provisions of this article, the fourth compensation;

(C) shall return the property damage, restitution restitution cannot be restored, in accordance with the extent of the damage payment of appropriate compensation;

(D) shall return the property to the loss, and payment of appropriate compensation;

(E) have for auction or sale of the property, pay the proceeds of the auction or sale price; the sale price significantly lower than the value of the property, shall be paid appropriate compensation;

(F) revocation of license or permit, order to suspend, suspend the necessary recurrent expenses for the period of compensation;

(G) the return to enforcement of fines or penalties, recovered, or forfeiture of money, unfreeze the deposits or remittances, he shall pay interest on bank deposits;

(VIII) other damage to property, according to compensation for direct loss.

37th compensation costs in the budgets at all levels.

The claimant with the entry into force of the judgement, written decision of the reconsideration decision, compensation, or mediate, apply to the organs under compensatory obligations to pay compensation. The organ under compensatory obligations shall from the date of receiving the application for payment of compensation in the 7th, and in accordance with budget management applications for permission to pay the relevant financial departments.

Financial departments should be on the date of receipt of the application within 15th payment.

Specific measures for the management of budget and payment of compensation by the State Council.

Other provisions of the fifth chapter
38th in people's courts in civil actions and administrative proceedings, law against obstruction of proceedings taken coercive measures, security measures or the judgment or order, and other effective legal instruments to perform error, causing damage, the claimant seeks compensation for the procedure, the provisions of this law shall apply to criminal indemnification proceedings.

39th claimant request for State compensation prescription for two years, since it knew or should have known that acts of State organs and their staff when exercising its powers and violate their personal rights and property rights from the date of calculation, but were not counted during the detention, restriction of personal freedom.

In applying for administrative reconsideration or bring an administrative action for damages when I present my request, application of administrative reconsideration and administrative litigation law of limitation provisions. The claimant compensation limitations within the last six months, due to force majeure or other causes preventing the claims, suspension.

From the date of suspension of the limitation causes the elimination, limitation of claim shall resume.

40th aliens, foreign enterprises and organizations in the People's Republic of China in the field of demand People's Republic of China on State compensation, this law shall apply.

Aliens, foreign enterprises and organizations of the State of People's Republic of China citizens, legal persons and other organizations requiring the State's right to State compensation does not protect or limit, People's Republic of China with the foreigners, foreign enterprises and organizations of the countries the principle of reciprocity.

The sixth chapter supplementary articles

41st the claimant claims for State compensation, the organ under compensatory obligations, the organ for reconsideration and the people's Court shall not charge any fees from the claimant.

The claimant's compensation is not taxed. 42nd article this law shall enter into force on January 1, 1995.

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