全國(guó)人民代表大會(huì)

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 seriousness 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 business 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.

不分頁(yè)顯示　　　總共2頁(yè)　　[1] 2

上一頁(yè)