中国的国家赔偿制度(英)

中国的国家赔偿制度（英）

State Compensation System

The state, under this system, is required to compensate for damages it has caused through infringement of citizens' rights. Article 2 of the Law on State Compensation, passed on May 12, xx by the Eighth National People's Congress states,

"Citizens, legal persons or other organizations have the right to seek compensation from the state if state organs and office holders abuse their power and infringe upon their lawful rights and interests and have caused damages thereof."

The State Compensation Law specifies two kinds of compensation: administrative and criminal.

Administrative Compensation

The state should assume the responsibility of compensation if government offices or their staff abuse their power and infringe upon the lawful rights and interests of citizens, legal persons or other

organizations and have caused damages thereof. Administrative compensation is the primary component of state compensation.

1. Scope of Compensation

Articles 3 and 4 of the State Compensation Law specifies the scope of compensation:

Unlawfully detain citizens or adopt unlawful administrative, forceful measures to restrict

citizens' corporal freedom;

Unlawfully incarcerate citizens or adopt other measures depriving citizens of their corporal freedom;

Use violent means such as battering or induce others to use violent means such as battering that has caused physical injuries or death to citizens;

Abuse weapons or police devices and have caused physical injuries or death to citizens;

Other unlawful acts that have caused physical injuries or death to citizens;

Abuse administrative penalties such as imposing fines, revoking licenses or permits, ordering suspension of business or confiscation of property;

Abuse administrative measures such as sequestrating, detaining or freezing property;

Abuse government regulations in expropriating property or levying fees;

Other unlawful acts that have caused property damages to citizens.

Article 5 of the State Compensation Law also specifies a number of situations where the state does not assume the responsibility for compensation: Personal acts by government employees unrelated to the exercise of their duties;

Damages caused by acts committed by citizens,

legal persons or other organizations themselves; and Other situations as provided for in the law.

2. Compensation Body

The State Compensation Law provides for the following ways for defining responsibility of compensation:

If damage is done by a government office or its staff, then the office should assume the

responsibility for compensation;