Chapter I General Provisions
Article 1 legislative purpose
Article 2 Compensation according to law
Case 1
Acts that infringe upon the legitimate rights and interests of citizens, legal persons and other organizations in the State Compensation Law include inaction.
Case 2
The causal relationship between the specific administrative act and the damage is the condition for requesting state compensation.
Chapter II Administrative Compensation
Section 1 Scope of Compensation
Article 3 The scope of administrative compensation for infringement of personal rights
Case 3
When criminal incidental civil litigation and administrative compensation litigation are concurrent, the parties have the right to choose.
Case 4
If a citizen suffers bodily injury or death due to violent acts such as beating or instigating others to beat him, the victim has the right to compensation.
Article 4 Scope of administrative compensation for infringement of property rights
Case 5
Anyone who abuses his power and causes property losses shall be liable for compensation.
Case 6
Infringement of expected property interests does not belong to causing property damage.
Case 7
If an administrative organ fails to fulfill its duty of care when exercising its functions and powers, causing property damage to others, it shall make compensation.
Article 5 Exemption from administrative infringement
Section 2 Claimants for compensation and organs under compensatory obligations
Article 6 Claimants for administrative compensation
Case 8
If there is no legal interest in a specific administrative act, it is not qualified as a plaintiff.
Article 7 The organ liable for administrative compensation
Case 9
The internal coordination organization does not have the defendant qualification in administrative compensation litigation.
Case 10
If an organization or individual entrusted by an administrative organ causes losses to the counterpart, the compensation agreement reached between the organization or individual and the counterpart cannot offset the compensation liability of the entrusting organ.
Article 8 The organ liable for compensation after administrative reconsideration
Case 1 1
The lawyer's agency fee arising from the lawsuit against the administrative reconsideration decision does not belong to the situation that the reconsideration organ aggravates the damage.
Section 3 Compensation Procedure
Article 9 Ways for compensation claimants to request administrative compensation
Article 10 Administrative compensation is the same as the organ liable for compensation.
Case 12
* * * The defendant's liability for compensation to the victim is joint and several, and the defendant can divide the compensation proportion according to the internal responsibility.
Eleventh according to the damage situation to make several claims for compensation.
Article 12 A claimant for compensation shall submit an application for compensation.
Article 13 The organ liable for administrative compensation shall make a compensation decision.
Article 14 The claimant for compensation brings a lawsuit to the court.
Article 15 Burden of proof
Case 13
Those who cannot provide evidence shall bear the risk of losing the case.
Article 16 Administrative Complaints
Chapter III Criminal Compensation
Section 1 Scope of Compensation
Article 17 the scope of criminal compensation for infringement of personal rights
Case 14
If the retrial results in acquittal, you may apply for state compensation for the punishment that has been executed in the original judgment.
Case 15
If the retrial judgment cancels some crimes, if these crimes have been executed, the victim has the right to receive state compensation.
Case 16
In cases of arrest and detention, if the case is revoked according to law, the parties concerned have the right to request state compensation regardless of the reasons for revocation.
Article 18 the scope of criminal compensation for infringement of property rights
Article 19 Exemption from criminal compensation
Case 17
There is no exemption clause that criminal facts do not belong to state compensation.
Case 18
The exemption of citizens' intentional forgery requires citizens to have the subjective purpose of deception.
Section 2 Claimants for compensation and organs under compensatory obligations
Article 20 Criminal compensation claimants
Case 19
If the property of an outsider is illegally occupied, he has the right to claim state compensation.
Article 21 The organ liable for criminal compensation
Case 20
Within the scope of supervision, if the prison administration and detention center use their powers to cause personal injury to the supervised person, they shall bear the state liability for compensation.
Case 2 1
After retrial, it was sent back to the court of first instance for retrial. If the court of first instance finds guilty and the court of second instance decides not guilty, the organ liable for compensation shall be determined according to the retrial decision of innocence.
Section 3 Compensation Procedure
Article 22 The organ liable for criminal compensation shall handle it first.
Case 22
The organ liable for compensation shall pay compensation for the compensation stipulated in the State Compensation Law.
Article 23 The organ liable for criminal compensation shall make a compensation decision.
Article 24 The filing of an application for reconsideration of criminal compensation
Article 25 Handling of criminal compensation reconsideration and relief of reconsideration decision
Case 23
If the reconsideration organ fails to make a reconsideration decision within the time limit, the claimant may bring a lawsuit to the court.
Article 26 Allocation of burden of proof
Article 27 Procedures for handling cases by the Compensation Commission
Article 28 Time limit for handling cases by the Compensation Commission
Article 29 Composition of the Remuneration Committee
Thirtieth compensation committee review procedures
Article 31 Recovery of criminal compensation
Chapter IV Compensation Methods and Calculation Standards
Article 32 compensation methods
Case 24
If the applicant's property is transferred to a third party, the third party is not the subject of compensation.
Article 33 State compensation standards for personal freedom
Case 25
The state compensation law is not retroactive.
Article 34 State compensation standards for the right to life and health
Case 26
The compensation agreement reached due to major misunderstanding is invalid.
Article 35 State compensation standards for mental damage
Case 27
Those who violate personal rights and cause serious consequences shall pay corresponding compensation for mental damage.
Article 36 State compensation standards for property rights
Case 28
If the illegal administrative act of an administrative organ causes damage to the property right of the administrative counterpart, it shall be compensated according to the direct loss, but the unconfirmed uncertain interests cannot be regarded as direct losses.
Case 29
Losses caused by natural wear and tear and not being put into actual use are not within the scope of state compensation.
Case 30
If the auction price is obviously lower than the real value, compensation shall be given.
Article 37 The state shall compensate the expenses.
Chapter V Other Provisions
Article 38 Judicial compensation in civil and administrative proceedings
Case 3 1
If the execution of the original judgment causes the person subjected to execution to be unable to perform his debts, it is not an execution error of the judgment, and the state shall not be liable for compensation.
Article 39 Limitations on State Claims for Compensation
Article 40 the principle of reciprocity
Chapter VI Supplementary Provisions
Article 41 No taxes and fees shall be charged.
Case 32
Where the claimant requests state compensation, the people's court shall not charge the claimant for litigation costs.
Article 42 time of implementation
Case 33
State compensation cases before the implementation of the State Compensation Law. The state compensation law is not applicable.
appendix
comprehensive
Measures for administrative compensation and criminal compensation of judicial administrative organs
(1September 8, 995)