中华人民共和国国家赔偿法 Law of the Peoples Republic of China on State Compensation

第二十三号主席令
（Adopted on May 12， 1994 at the Seventh Session of the Standing Committee of the Eighth National People's Congress and promulgated on the same day）
颁布日期：19940512 　实施日期：19950101 　颁布单位：全国人大常委会

　　Chapter 1 General Principles

　　Article 1 In conformity with the Constitution， this Law is enacted to protect citizens， legal persons and other organizations to enjoy the right to compensation by the state and to promote the state organs to exercise their functions and powers in accordance with law.

　　Article 2 If a state organ or a member of its personnel， when exercising functions and powers in violation of the law， infringes upon the lawful rights and interests of a citizen， legal person or other organization and causes damages the aggrieved person shall have the right to recover damages from the state in accordance with this Law.

　　The obligations of state compensation shall be performed by the organs under compensatory obligations stipulated by this Law.

　　Chapter 2 Administrative Compensation

　　Section 1： Scope of Compensation

　　Article 3 The aggrieved person shall have the right to recover damages in one of the following circumstances where an administrative organ or its personnel infringes upon his personal rights when exercising functions and powers：

　　（1） where there is unlawful detention or an unlawful compulsory administrative measure to restrict the personal freedom of a citizen；

　　（2） where there is unlawful custody or otherwise unlawful deprivation of the personal freedom of a citizen；

　　（3） where such violent act as battery or abetting others in battery causes bodily injury to or decease of a citizen；

　　（4） where the use of weapon or police apparatus in violation of laws causes bodily injury to or decease of a citizen； or

　　（5） other unlawful acts which cause bodily injury to or decease of a citizen.

　　Article 4 The aggrieved person shall have the right to recover damages in one of the following circumstances where an administrative organ or its personnel infringes upon his property right when exercising its functions and powers：

　　（1） imposing an administrative punishment in violation of the law， such as fining， revocation of a permit or license， order to suspend production or business operation or confiscation of property and article；

　　（2） taking a compulsory administrative measure in violation of the law such as sealing up， distraining or freezing of property；

　　（3） expropriating property and article or apportioning expenses in violation of rules and regulations of the state； or

　　（4） other unlawful acts which cause damage to property.

　　Article 5 The state shall not be liable for compensation in one of the following circumstances：

　　（1） where the personal act by personnel of the state organ， which does not relate to his exercise of functions and powers；

　　（2） where the act by a citizen， legal person or other organization itself causes damage； or

　　（3） other situations as provided for by law.

　　Section 2： Claimant for Compensation and Organs for compensatory Obligations

　　Article 6 The aggrieved citizen， legal person or other organization shall have the right to claim compensation.

　　Where the aggrieved citizen is deceased， his successor or other relatives with maintenance relation shall have the right to claim compensation.

　　Where the aggrieved legal person or other organization has terminated， the legal person or other organization which succeeds its rights shall have the right to claim compensation.

　　Article 7 Where an administrative organ and its personnel infringe upon the lawful rights and interests of a citizen， a legal person or other organization and cause damage when exercising its administrative functions and powers， the organ shall be responsible for fulfilling

compensatory obligations.

　　Two administrative organs or more which infringe upon the lawful rights and interests of a citizen， legal person or other organization and cause damage when exercising their joint administrative functions and powers， shall be the organs under joint compensatory obligations.

　　An organization authorized by law which infringes upon the lawful rights and interests of a citizen， legal person or other organization and causes damage when exercising its authorized administrative powers， shall be the organ under compensatory obligations.

　　An organization or individual entrusted by an administrative organ infringes upon the lawful rights and interests of a citizen， legal person or other organization and causes damage when exercising the entrusted administrative powers， shall be the organ under compensatory obligations.

　　Where the organ for compensatory obligation has been abolished， the administrative organ that continues to exercise the abolished organ's functions and powers shall be the organ under compensatory obligation； where there is no such a continued administrative organ， the administrative organ that did the abolishment shall be the organ under compensatory obligations.

　　Article 8 Where the case has been reconsidered by the organ under reconsideration， the administrative organ which caused the initial damage shall be the organ under compensatory obligations； where the reconsideration decision by the organ for reconsideration aggravates the damage， the organ for reconsideration shall be liable for the damage resulting from the aggravation part.

　　Section 3： Procedure of Compensation

　　Article 9 The organ for compensatory obligations shall pay compensation in one

　　of the circumstances as provided for in Article 3 and Article 4 of this Law once confirmed in accordance with law.

　　A claimant shall， first， file a claim for compensation with an organ under compensatory obligations and may， in the meantime， file a claim when applying for an administrative reconsideration and instituting an administrative procedure.

　　Article 10 A claimant may claim compensation from any one of the organs under joint compensatory obligations and the said organ under compensatory obligations shall pay compensation first.

　　Article 11 The claimant may， depending on different injuries suffered， file several claims for compensation.

　　Article 12 The claim for compensation shall be filed by presenting an application， which shall contain the following contents：

　　（1） name， sex， age， employer and address of the claimant， name and address of the legal person or other organization and name and post of its legal representative or main person in charge；

　　（2） the specific claim， factual basis and reasons； and

　　（3） the date of application.

　　Where the claimant has difficulty in writing the application， the claimant may entrust it with other persons or file a verbal application， which shall be recorded in writing by the organ under compensatory obligations.

　　Article 13 The organ under compensatory obligations shall， within 2 months from the date of receipt of the application， pay compensation in accordance with the provisions of Chapter 4 of this Law； in case of failure by it to pay compensation within the specific period， or where the claimant is not satisfied with the amount of compensation， the claimant may， within 3 months from the date of expiration of the period， bring an action in a people's court.

　　Article 14 After paying compensation， the organ under compensatory obligations shall instruct its personnel or the entrusted organization or person who has committed intentional or grave mistake in the case to bear part or all of the expenses for damage.

　　The competent authorities shall， in accordance with law， impose administrative sanctions on those responsible persons who h

ave committed intentional or grave mistakes in the case； If the case constitutes a crime， the criminal responsibility shall be investigated according to law.

　　Chapter 3 Criminal Compensation

　　Section 1： Scope of Compensation

　　Article 15 Where organs and their personnel which exercise the functions and powers of detection， prosecution， adjudication and administration of prison cause any of the following infringements upon personal rights when exercising their functions and powers， the aggrieved person shall have the right to recover damages：

　　（1） a wrong detention of a person without criminal facts or without facts evidencing the person with gross criminal suspicion；

　　（2） a wrong arrest of a person without criminal facts；

　　（3） an adjudication of innocence is given to change an original sentence in the retrial according to the procedure for trial supervision， and the original sentence of penalty has been executed；

　　（4） bodily injury to or death of a citizen caused by torture arrangement or such violent acts as battery or abetting others in battery；

　　（5） the bodily injury to or decease of a citizen caused by unlawful use of weapon or police apparatus.

　　Article 16 Organs and their personnel which exercise the functions and powers of detection， prosecution， adjudication and administration of prison cause one of the following infringements upon property rights when exercising their functions and powers， the aggrieved person shall have the right to recover damages：

　　（1） where there is a measure， such as sealing up， distraint， freezing or recovery of property in violation of law； or

　　（2） where an adjudication of innocence is given to change an original sentence in the retrial in accorda

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