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Scope of Compensation
China’s state compensation law divides the state compensation into two categories: administrative compensation and criminal compensation. The compensation law makes distinct provisions to each scope of compensation.
Scope of administrative compensation
The state compensation law defines that there are two items that can produce administrative compensation liability: unlawful administrative acts that infringe upon the citizen’s personal rights, and unlawful administrative acts infringing upon the property rights of a citizen, legal person or other organization. This provision enumerates the items that can produce administrative compensation liability.
Items which infringe upon the personal right:
a) Unlawful detention or an unlawful compulsory administrative measure which restrict the personal freedom of a citizen;
b) Unlawful custody or otherwise unlawful deprivation of personal freedoms;
c) Violent acts such as battery or abetting others in battery causing bodily injury to or death of a citizen;
d) Use of weapons or police apparatus in violation of laws and causing bodily injury to or death of a citizen;
e) Other unlawful acts which cause bodily injury to or death of a citizen.
Items which infringe the property right::
a) Imposing an administrative punishment in violation of the law, such as fining, revocation of a permit or license, order to suspend production or business operation, or confiscation of property;
b) Taking compulsory administrative measures in violation of the law, such as sealing up, detaining, or freezing of property;
c) Expropriating property or apportioning expenses in violation of the rules and regulations of the state;
d) Other unlawful acts which cause damage to property.
The state, subject to compensation law, Shall not be liable for compensation in any one of the following circumstances:
a) Acts by personnel of the state, outside the scope of his or her functions and powers;
b) Acts by citizens, legal persons, or other organizations where they themselves cause damage;
c) And other situations as provided for by law.
Scope of Criminal compensation:
According to the Law of State Compensation, where organs and their personnel which exercise the functions and powers of detection, prosecution, adjudication and administration of prisons cause any of the following infringements upon personal rights or property rights when exercising their functions and powers, the aggrieved person shall have the right to recover damages:
a) Unlawful detention of a person without criminal facts or without facts evidencing gross criminal suspicion;
b) Wrongful arrest of a person without criminal facts;
c) Adjudication of innocence given to change an original sentence in retrial as according to the procedure for trial supervision, where the original sentence has been executed;
d) Bodily injury to or death of a citizen caused by a torture or violent acts including battery or abetting others in battery;
e) Bodily injury to or death of a citizen caused by unlawful use of a weapon or police apparatus;
f) Where there is a measure, such as sealing up, constraint, freezing or recovery of property in violation of law;
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