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Where the organ under compensatory obligations is a people’s court, the claimant for compensation may, pursuant to the provisions of compensation law, apply to the compensation commission of the people’s court at the next higher level for a decision of compensation.
The organ for reconsideration shall, within 2 months form the date of receipt of the application, make a decision. Where the claimant for compensation is not satisfied with the reconsideration decision, he or she may, within 30 days from the date of receipt of reconsideration decision, apply for a decision of compensation to the compensation commission of the people’s court at the same level at the place where the organ for reconsideration is located; Failure by the organ for reconsideration to make a decision within the period specified, the claimant for compensation may, within 30 days from the date of expiration of the time period, apply for a decision of compensation to the compensation commission of the people’s court at the same level at the place where the organ for reconsideration is located.
Compensation commission
In China, the problem of criminal compensation is not solved by general judicial proceedings. The decision for compensation is made by the compensation commission within the court, which is the characteristic of China’s state compensation system. According to the compensation law, an intermediate people’s court or the people’s court above the intermediate level shall set up a compensation commission, which is consist of 3 to 7 judges. The compensation commission shall make a decision of compensation on the principle of the minority subordinate to the majority. The decision of compensation made by the compensation commission must be executed.
Recovery of damage from state functionary
There are definite limitations on administrative recovery and criminal recovery in the compensation law, of which the former stipulates that after paying compensation, the organ for administrative compensatory obligations shall instruct its personnel to bear part or all of the expenses for damage. The authorities will impose administrative sanctions on those persons responsible who have committed intentional or grave mistakes in the case; if the case constitutes a crime, the criminal responsibility shall be investigated according to law. The latter states that having paid the compensation, the organ for criminal compensatory obligations shall recover part or all of the damage from its personnel in situations that any of the following circumstances:
a) bodily injury to or death of a citizen caused by torture arrangement or such violent acts as battery or abetting others in battery;
b) bodily injury to or death of a citizen caused by an unlawful use of weapon or police apparatus;
c) embezzlement, bribery or wrongful actions out of personal considerations or commission of fraudulent acts by perverting the law.
The competent authorities shall, in accordance with the compensation law, impose administrative sanctions on those responsible persons who fall in one of the circumstances as mentioned above; If the case constitutes a crime, the criminal responsibility shall be investigated in accordance with law
·Methods of Compensation and Calculation Standards
China''s state compensation law provides that the main method of state compensation shall be the payment of damages. Where the property can be returned or can be restored to the original state, it shall be returned or its original condition restored.
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