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

nce with the procedure for retrial supervision， and the original court supervision of fine or confiscation of property has been executed.

　　Article 17 The state shall not be responsible for compensation in any of the following circumstances：

　　（1） where a citizen was put into custody or was sentenced criminal penalty because of his intentionally false confession or falsification of other evidence of guilt；

　　（2） where a person， who shall not bear criminal responsibility in accordance with Article 14 and Article 15 of the Criminal Law， was put into custody；

　　（3） where a person， who shall not be prosecuted for criminal responsibility in accordance with Article 11 of the Criminal procedure Law， was put into custody；

　　（4） personal act by the personnel of the organs that exercise the functions and powers of detection， prosecution，

　　adjudication and administration of prison， which does not relate to his exercise of the said functions and powers；

　　（5） where the damage was caused by such intentional acts as self-injuring or self-disabling； or

　　（6） other situations as provided for by law.

　　Section 2： Claimant for Compensation and Organ for Compensatory Obligations

　　Article 18 The claimant for compensation shall be determined in accordance with Article 6 of this Law.

　　Article 19 Where organs and their personnel which exercise the functions and powers of detection， prosecution， adjudication and administration of prison infringe upon the lawful rights and interests of a citizen， legal person or other organization when exercising their functions and powers， the organs shall be responsible for fulfilling compensatory obligations.

　　The organ which makes a wrong decision to detain a person without criminal facts or a person without facts evidencing gross criminal suspicion shall be the organ for compensatory obligations.

　　The organ which makes a wrong decision to arrest a person without criminal facts shall be the organ for compensatory obligations.

　　Where a sentence is given to change an original judgment in the retrial， the people's court which made

the original effective judgment shall be the organ for compensatory obligations. Where an adjudication of innocence is given to change an original judgment in the second instance， the people's court which made the judgment of first instance and the organ which made the decision of arrest shall be the organ for compensatory obligations.

　　Section 3： Procedures of Compensation

　　Article 20 The organ for compensatory obligations shall pay compensation in any of the circumstances as provided for in Article 15 and Article 16 of this Law when confirmed in accordance with law.

　　Where the claimant for compensation demands the confirmation of one of the circumstances as provided for in Article 15 and Article 16 of this Law and the demanded organ refuses to make the confirmation， the claimant shall have the right to lodge a complaint.

　　Where the claimant claims compensation， the claim shall， first， be lodged to the organ for compensatory obligations.

　　The procedures of compensation shall apply to the provisions of Article 10， Article 11 and Article 12 of this Law.

　　Article 21 The organ for 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 period specified or where the claimant is not satisfied with the amount of compensation， the claimant may， within 30 days from the date of expiration of the time limit， apply for reconsideration by an organ at the next higher level.

　　Where the organ under compensatory obligations is a people's court， the claimant for compensation may， pursuant to the provisions of preceding paragraph， apply to the compensation commission of the people's court at the next higher level for a decision of compensation.

　　Article 22 The organ for reconsideration shall， within 2 months from the date of receipt of the application， make a decision.

　　Where the claimant for compensation is not satisfied with the reconsideration decision， he or she may， within 30 days from the date of receipt of reconsideration decision， apply for a decision of compensation to the compensation commission of the people's court at the same level at the place where the organ for reconsideration is located； Failure by the organ for reconsideration to make a decision within the period specified， the claimant for compensation may， within 30 days from the date of expiration of the time period， apply for a decision of compensation to the compensation commission of the people's court at the same level at the place where the organ for reconsideration is located.

　　Article 23 An intermediate people's court or the people's court above the intermediate level shall set up a compensation commission， which shall consist of 3 to 7 judges.

　　The compensation commission shall make a decision of compensation on the principle of the minority subordinate to the majority.

　　Where the decision of compensation by the compensation commission is of validity of law， it must be executed.

　　Article 24 Having paid compensation， the organ under compensatory obligations shall recover part or all of the damages from its personnel in any of the following circumstances：

　　（1） the circumstances as provided for in Article 15 （4）， （5） of this Law； or

　　（2） where its personnel embezzle or take bribery and embezzlement or act wrongly out of personal considerations or commit fraudulent act or bring in judgment by perverting the law.

　　The competent authorities shall， in accordance with law， impose administrative sanctions on those responsible persons who fall in one of the circumstances as provided for in （1） and （2） of the proceeding paragraph； If the case constitute a crime， the criminal responsibility shall be investigated in accordance with law.

　　Chapter 4 Methods of Co

mpensation and Calculation Standards

　　Article 25 The main method of state compensation shall be the payment of damages.

　　Where the property can be returned or can be restored to the original state， it shall be returned or made restoration to the original state.

　　Article 26 Where the personal rights of a citizen are infringed upon， the amount of money for compensation per day shall be calculated according to the average salary per day of the staff of the state in the preceding year.

　　Article 27 Where the rights of life and health of a citizen are infringed upon， the amount of money for compensation per day shall be calculated according to the following provisions：

　　（1） Where bodily injury is caused， medical expenses and compensation for losses of income for absence from work shall be paid. The amount of money for compensation per day for losses of income shall be calculated according to the average salary per day of the staff of the state in the preceding year. The maximum amount shall be five times as much as the annual average salary of the staff of the state in the preceding year.

　　（2） Where partial or total loss of the ability to work is caused， medical expenses and compensation money for disablement shall be paid. The amount of money for compensation for disablement shall be calculated according to the seriousness of loss of the ability to work. The maximum amount of compensation money for partial loss of ability to work shall be ten times as much as the annual average salary of the staff of the state in the preceding year. The maximum amount of compensation money for total loss of ability to work shall be twenty times as much as the annual average salary of the staff of the state in the preceding year. In case of total loss of ability to work， living expenses shall be paid to the person who is maintained by the aggrieved and without ability to work. and

　　（3） Where decease is caused， compensation money and funeral expenses shall be paid， the total amount of which shall be twenty times as much as the annual average salary of the staff of the state in the preceding year.

　　Living expenses shall be paid to the person who is maintained by the aggrieved before his or her decease and without ability to work.

　　The granting of living expenses mentioned in （2） and （3） of the preceding paragraph shall be made in light of the relevant provisions concerning subsistence relief promulgated by the local civil administration department. Should the person maintained be a juvenile， the living expenses shall be paid until the juvenile reaches the age of 18； Should the person be of no ability to work， the living expenses shall be paid until his decease.

　　Article 28 Where the property rights of a citizen， legal person or other organization are infringed upon and damage is caused， it shall be dealt with according to the following provisions：

　　（1） in case of imposition of a fine or penalty， recovery or confiscation of property， or expropriation of property and article， or appointment of expenses in violation of the provisions of the state， the property shall be returned；

　　（2） in case of sealing up， distraint and freezing of property and causing damage or destruction to the property， compensation shall be paid according to the provisions of （3） and （4） of this Article；

　　（3） in case of damage to the property which should be returned， the original state shall be restored if it can be done. If the original state can not be restored， corresponding compensation money shall be paid according to the seri

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/