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State Compensation Law of the People's Republic of China:An Introduction

 
 Where the personal rights of a citizen are infringed, the amount of money for compensation per day shall be calculated according to the average salary per day of the staff and workers in the state of the previous year.
 
 Where the rights of life and health of a citizen are infringed, the amount of money for compensation per day shall be calculated according to the following provisions:
 
 a) Where bodily injury is caused, medical expenses and compensation for losses of income for absence from work shall be paid. The amount of money for compensation per day for losses of income shall be calculated according to the average salary per day of the staff and workers of the state in the preceding year. The maximum amount shall be five times as much as the annual average salary of the staff and workers of the state in the preceding year.
 
 b) Where partial or total loss of the ability to work is caused, medical expenses and compensation money for disablement shall be paid. The amount of money for compensation for disablement shall be calculated according to the seriousness of loss of the ability to work. The maximum amount of compensation money for partial loss of ability to work shall be ten times as much as the annual average salary of the staff and workers of the state in the preceding year. The maximum amount of compensation money for total loss of ability to work shall be twenty times as much as the annual average salary of the staff and workers of the state in the preceding year. In case of total loss of ability to work, living expenses shall be paid to the person who is maintained by the aggrieved and without ability to work.
 
 Where the injured is deceased, funeral expenses and monetary benefits shall be paid, the total amount of which shall be twenty times as much as the annual average salary of the staff and workers of the state in the preceding year. Living expenses shall be paid to the person who is maintained by the aggrieved before his or her death.
 
 d) The granting of living expenses shall be made in light of the relevant provisions concerning subsistence relief promulgated by the local civil administration department . Should the person maintained be a juvenile , the living expenses shall be paid until the juvenile reaches the ages of 18; should the person be of no ability to work, the living expenses shall be paid until his or her death.
 
 Where the property rights of a citizen, legal person or other organization are infringed, it shall be dealt with according to the following provisions:
 
 a) in the case of an imposition of fine or penalty, recovery or confiscation of property, or expropriation of property and articles, or appointment of expenses in violation of the provisions of the state, the property shall be returned;
 
 b) in the case of sealing up, constraint and freezing of property, causing damage or destruction to property, compensation shall be paid according to the provisions of c) and d) as follows;
 
 c) in the case of damage to property, restoration shall occur. If the original state can not be restored, corresponding compensation money shall be paid according to the seriousness of the damage;
 
 d) in the case of destruction of property, corresponding compensation money shall be paid;
 
 e) in the case of the property that has been auctioned, proceeds from the auction shall be paid;


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