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

ousness of the damage；

　　（4） in case of destruction of the property which should be returned， corresponding compensation money shall be paid；

　　（5） in case the property has been auctioned， proceeds from the auction shall be paid；

　　（6） in case of rescission of a permit or license， order to suspend production or busin

ess operation， compensation shall be paid to cover the necessary current expenses incurred during the suspension period； or

　　（7） in case of other damages caused to the property， compensation shall be made in light of direct loss of the property.

　　Article 29 The expenses for compensation shall be listed in the fiscal budget of governments at all levels， the detailed rules of which shall be formulated by the State Council.

　　Chapter 5 Other Provisions

　　Article 30 Where any of the circumstances as provided for in Article 3 （1） and （2） and Article 15 （1）， （2） and （3） of this Law， is confirmed according to law and causes infringement upon the rights of reputation and honor of the aggrieved person， the organ compensatory obligations shall eliminate the bad effect， rehabilitate the reputation of and make an apology to the aggrieved person to the extent of the infringing acts affected.

　　Article 31 Where a people's court， in the course of a civil or administrative procedure， illegally undertakes compulsory measures against impairment of action， preservative measures or wrongfully executes the judgment or award or other legal effective documents and which causes damages， the procedure for the claim of compensation by the claimant shall apply to the provisions of this Law concerning the procedures of criminal compensation.

　　Article 32 The prescription of claim for state compensation by the claimant shall be 2 years， which shall be calculated from the day on which the act of exercising the functions and powers by the State organ and its personnel was confirmed unlawful according to law， but the period of custody shall be excluded from the limitation of time.

　　Where the claimant for compensation can not exercise his or her right of claim due to force majeure or other obstacles during the last 6 months of the prescription of claim for compensation， the limitation of time shall be suspended. The time of prescription of claim for compensation shall resume from the day when the grounds for the suspension are eliminated.

　　Article 33 This Law shall be applicable to such cases as claiming by a foreigner， foreign enterprise or organization in the territory of the People's Republic of China upon the People's Republic of China for state compensation.

　　If the mother state of a foreigner， foreign enterprise or organization does not protect or imposes restrictions upon the right of claiming for state compensation from that state by a Chinese citizen， legal entity or other organization， the People's Republic of China shall follow the principle of reciprocity with regard to such mother state of the said foreigner， foreign enterprise or organization.

　　Chapter 6 Supplementary Provisions

　　Article 34 Where the claimant claims for state compensation， the organ under compensatory obligations， the organ for reconsideration and the people's court shall not charge anything to the claimant.

　　Taxes shall not be levied upon the compensation money obtained by claimant for compensation.

　　Article 35 This Law shall enter into force as of January 1， 1995.

　　Appendix： Related Articles of Laws

　　1. Criminal Law of the People's Republic of China

　　Article 14 Any person who has reached the age of 16 and who commits a crime shall bear criminal responsibility.

　　Any person who has reached the age of 14 but not the age of 16 and who commits a homicide， inflicting serious bodily injury， robbery， arson， habitual theft or any other crime seriously undermining social order shall bear criminal responsibility.

　　Any person who has reached the age of 14 but not the age of 18 and who commits a crime shall be given a lighter or mitigated punishment.

　　If a person is not punished because he has not reached the age of 16， the head of his or her family or his or her guardian shall be ordered to discipline and educate him or her.

When necessary， he or she may also be taken in by the government for reeducation.

　　Article 15 If a mental patient causes dangerous consequences at a time when he or she is unable to recognize or control his or her own conduct， he or she shall not bear criminal responsibility， however， his or her family or guardian shall be ordered to make him or her under strict custody and give medical treatment.

　　Any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he or she commits a crime when he or she is in a normal mental state.

　　Any intoxicated person who commits a crime shall bear criminal responsibility.

　　2. Criminal Procedure Law of the People's Republic of China

　　Article 11 In any of the following circumstances， no criminal responsibility shall be investigated； if investigation has already been undertaken， the case shall be dismissed， or prosecution shall not be initiated， or innocence shall be declared：

　　（1） if an act is obviously of minor importance， causing no serious harm， and is therefore not deemed as a crime；

　　（2） if the limitation period for criminal prosecution has expired；

　　（3） if an exemption of criminal punishment has been granted in a special amnesty decree；

　　（4） if the crime is to be handled only upon complaint according to the Criminal Law， but there has been no complaint or the complaint has been withdrawn；

　　（5） if the defendant is deceased； or

　　（6） if other laws or decrees provide an exemption from investigation of criminal responsibility

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