(Adopted at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on May 12, 1994; Amendment made in accordance with the Decision of the Standing Committee of the National People's Congress on Revising the "State Compensation Law of the People's Republic of China" adopted at the 14th session of the Standing Committee of the 11th National People's Congress on April 29, 2010)
Contents
Chapter I General Provisions
Chapter II Administrative Compensation
Section 1 Scope of Compensation
Section 2 Claimants to Compensation and Organs Liable for Compensation
Section 3 Compensatory Procedures
Chapter III Criminal Compensation
Section 1 Scope of Compensation
Section 2 Claimants to Compensation and Organs Liable for Compensation
Section 3 Compensatory Procedures
Chapter IV Forms and Assessment of Compensation
Chapter V Other Provisions
Chapter VI Supplementary Provisions
Chapter I General Provisions
Chapter II Administrative Compensation
Section 1 Scope of Compensation
Section 2 Claimants to Compensation and Organs Liable for Compensation
Section 3 Compensatory Procedures
Chapter III Criminal Compensation
Section 1 Scope of Compensation
Section 2 Claimants to Compensation and Organs Liable for Compensation
Section 3 Compensatory Procedures
Chapter IV Forms and Assessment of Compensation
Chapter V Other Provisions
Chapter VI Supplementary Provisions
（1994年5月12日第八届全国人民代表大会常务委员会第七次会议通过 根据2010年4月29日第十一届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国国家赔偿法〉的决定》修正）
目录
第一章 总则
第二章 行政赔偿
第一节 赔偿范围
第二节 赔偿请求人和赔偿义务机关
第三节 赔偿程序
第三章 刑事赔偿
第一节 赔偿范围
第二节 赔偿请求人和赔偿义务机关
第三节 赔偿程序
第四章 赔偿方式和计算标准
第五章 其他规定
第六章 附则
Chapter I: General Provisions
第一章 总则
Article 1 This Law is formulated in accordance with the Constitution with a view to safeguarding the right of citizens, legal persons and other organizations to State compensation according to law, and promoting the exercise by State organs of their functions and powers according to law.
第一条 为保障公民、法人和其他组织享有依法取得国家赔偿的权利,促进国家机关依法行使职权,根据宪法,制定本法。
Article 2 Where State organs or State functionaries, in exercising their functions and powers, have infringed upon the legitimate rights and interests of citizens, legal persons and other organizations, thereby causing damage to them, the victims shall have the right to State compensation in accordance with this Law.
The organs liable for compensation as stipulated by this Law shall perform the obligation of compensation in accordance with this Law in a timely manner.
The organs liable for compensation as stipulated by this Law shall perform the obligation of compensation in accordance with this Law in a timely manner.
Chapter II: Administrative Compensation
Section 1: Scope of Compensation
Section 1: Scope of Compensation
第二条 国家机关和国家机关工作人员行使职权，有本法规定的侵犯公民、法人和其他组织合法权益的情形，造成损害的，受害人有依照本法取得国家赔偿的权利。
本法规定的赔偿义务机关，应当依照本法及时履行赔偿义务。
第二章 行政赔偿
第一节 赔偿范围
Article 3 The victim shall have the right to compensation if an administrative organ or its functionaries, in exercising their administrative functions and powers, commit any of the following acts infringing upon the right of the person of a citizen:
(1) Detaining a citizen in violation of the law or unlawfully taking compulsory administrative measures in restraint of his personal freedom;
(2) Unlawfully taking a citizen into custody or depriving him of his right of the person by other unlawful means;
(3) Using, or instigating or allowing another to use ways such as beating one up or abuse, thereby causing bodily injury or death to a citizen;
(4) Unlawfully using weapons or police restraint implements, thereby causing bodily injury or death to a citizen; or
(5) Other unlawful acts causing bodily injury or death to a citizen.
(1) Detaining a citizen in violation of the law or unlawfully taking compulsory administrative measures in restraint of his personal freedom;
(2) Unlawfully taking a citizen into custody or depriving him of his right of the person by other unlawful means;
(3) Using, or instigating or allowing another to use ways such as beating one up or abuse, thereby causing bodily injury or death to a citizen;
(4) Unlawfully using weapons or police restraint implements, thereby causing bodily injury or death to a citizen; or
(5) Other unlawful acts causing bodily injury or death to a citizen.
第三条 行政机关及其工作人员在行使行政职权时有下列侵犯人身权情形之一的,受害人有取得赔偿的权利:
(一)违法拘留或者违法采取限制公民人身自由的行政强制措施的;
(二)非法拘禁或者以其他方法非法剥夺公民人身自由的;
(三)以殴打、虐待等行为或者唆使、放纵他人以殴打、虐待等行为造成公民身体伤害或者死亡的;
(四)违法使用武器、警械造成公民身体伤害或者死亡的;
(五)造成公民身体伤害或者死亡的其他违法行为。
Article 4 The victim shall have the right to compensation if an administrative organ or its functionaries, in exercising their functions and powers, commit any of the following acts infringing upon property right:
(1) Illegally inflicting administrative sanctions such as imposition of fines, revocation of certificates and licences, ordering suspension of production and business, or confiscation of property;
(2) Illegally implementing compulsory administrative measures such as sealing up, distraining or freezing property;
(3) Illegally expropriating or appropriating property; or
(4) Other illegal acts causing damage to property.
(1) Illegally inflicting administrative sanctions such as imposition of fines, revocation of certificates and licences, ordering suspension of production and business, or confiscation of property;
(2) Illegally implementing compulsory administrative measures such as sealing up, distraining or freezing property;
(3) Illegally expropriating or appropriating property; or
(4) Other illegal acts causing damage to property.
第四条 行政机关及其工作人员在行使行政职权时有下列侵犯财产权情形之一的,受害人有取得赔偿的权利:
(一)违法实施罚款、吊销许可证和执照、责令停产停业、没收财物等行政处罚的;
(二)违法对财产采取查封、扣押、冻结等行政强制措施的;
(三)违法征收、征用财产的;
(四)造成财产损害的其他违法行为。
Article 5 The State shall not be liable for compensation in any of the following circumstances:
(1) Individual acts of a functionary of an administrative organ, which have nothing to do with the exercise of his functions and powers;
(2) Damage arisen from acts done by citizens, legal persons or other organizations themselves; or
(3) Other circumstances provided by law.
(1) Individual acts of a functionary of an administrative organ, which have nothing to do with the exercise of his functions and powers;
(2) Damage arisen from acts done by citizens, legal persons or other organizations themselves; or
(3) Other circumstances provided by law.
Section 2: Claimants to Compensation and Organs Liable for Compensation
第五条 属于下列情形之一的，国家不承担赔偿责任:
（一）行政机关工作人员与行使职权无关的个人行为;
（二）因公民、法人和其他组织自己的行为致使损害发生的;
（三）法律规定的其他情形。
第二节 赔偿请求人和赔偿义务机关
Article 6 Victimized citizens, legal persons or other organizations shall have the right to demand compensation.
In the case of death of a victim, his heirs or other relatives in maintenance relationship with him shall have the right to demand compensation.
In the case of termination of a victimized legal person or other organization, the party that succeeds to the former's rights shall have the right to demand compensation.
In the case of death of a victim, his heirs or other relatives in maintenance relationship with him shall have the right to demand compensation.
In the case of termination of a victimized legal person or other organization, the party that succeeds to the former's rights shall have the right to demand compensation.
第六条 受害的公民、法人和其他组织有权要求赔偿。
受害的公民死亡,其继承人和其他有扶养关系的亲属有权要求赔偿。
受害的法人或者其他组织终止的,其权利承受人有权要求赔偿。
Article 7 Where an administrative organ and its functionaries, in exercising their administrative powers, infringe upon the legitimate rights and interests of a citizen, a legal person or other organizations, thereby causing damage to them, the administrative organ shall be the organ liable for compensation.
Where two or more than two administrative organs in jointly exercising their administrative functions and powers infringe upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the administrative organs jointly exercising their administrative functions and powers shall be the organs jointly liable for compensation.
Where an organization in exercising the administrative powers conferred on it by law, rules and regulations infringe upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the empowered organization shall be the organization liable for compensation.
Where an organization or an individual, in exercising the administrative powers entrusted to it or him by an administrative organ, infringes upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the administrative organ that did the entrustment shall be the organ liable for compensation.
Where an organ liable for compensation has been abolished, the administrative organ that continues to exercise the former's functions and powers shall be the organ liable for compensation; if there is no administrative organ that continues to exercise the former's functions and powers, the administrative organ that abolished the former organ shall be the organ liable for compensation.
Where two or more than two administrative organs in jointly exercising their administrative functions and powers infringe upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the administrative organs jointly exercising their administrative functions and powers shall be the organs jointly liable for compensation.
Where an organization in exercising the administrative powers conferred on it by law, rules and regulations infringe upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the empowered organization shall be the organization liable for compensation.
Where an organization or an individual, in exercising the administrative powers entrusted to it or him by an administrative organ, infringes upon the legitimate rights and interests of a citizen or a legal person or other organizations, thereby causing damage to them, the administrative organ that did the entrustment shall be the organ liable for compensation.
Where an organ liable for compensation has been abolished, the administrative organ that continues to exercise the former's functions and powers shall be the organ liable for compensation; if there is no administrative organ that continues to exercise the former's functions and powers, the administrative organ that abolished the former organ shall be the organ liable for compensation.
第七条 行政机关及其工作人员行使行政职权侵犯公民、法人和其他组织的合法权益造成损害的,该行政机关为赔偿义务机关。
两个以上行政机关共同行使行政职权时侵犯公民、法人和其他组织的合法权益造成损害的,共同行使行政职权的行政机关为共同赔偿义务机关。
法律、法规授权的组织在行使授予的行政权力时侵犯公民、法人和其他组织的合法权益造成损害的,被授权的组织为赔偿义务机关。
受行政机关委托的组织或者个人在行使受委托的行政权力时侵犯公民、法人和其他组织的合法权益造成损害的,委托的行政机关为赔偿义务机关。
赔偿义务机关被撤销的,继续行使其职权的行政机关为赔偿义务机关;没有继续行使其职权的行政机关的,撤销该赔偿义务机关的行政机关为赔偿义务机关。
Article 8 If reconsideration of a case has been made, the administrative organ that first did the tortious act shall be the organ liable for compensation; however, if the outcome of the reconsideration aggravates the damage, the organ undertaking the reconsideration of the case shall carry out its compensatory obligations as regards the increased portion of damages.
Section 3: Compensatory Procedures
第八条 经复议机关复议的，最初造成侵权行为的行政机关为赔偿义务机关，但复议机关的复议决定加重损害的，复议机关对加重的部分履行赔偿义务。
第三节 赔偿程序
Article 9 An organ liable for compensation shall make the compensation with respect to any of the circumstances stipulated in Articles 3 and 4 of this Law.
A claimant who demands compensation shall first apply to the organ liable for the compensation, or may make demands for it simultaneously when applying for administrative reconsideration of the case or when bringing an administrative action.
A claimant who demands compensation shall first apply to the organ liable for the compensation, or may make demands for it simultaneously when applying for administrative reconsideration of the case or when bringing an administrative action.
第九条 赔偿义务机关有本法第三条、第四条规定情形之一的,应当给予赔偿。
赔偿请求人要求赔偿,应当先向赔偿义务机关提出,也可以在申请行政复议或者提起行政诉讼时一并提出。
Article 10 A claimant to compensation may demand compensation from any of the organs jointly liable for it, and the organ approached by him for the purpose shall first make the compensation.
第十条 赔偿请求人可以向共同赔偿义务机关中的任何一个赔偿义务机关要求赔偿,该赔偿义务机关应当先予赔偿。
Article 11 A claimant to compensation may, in light of the difference in nature of the damage suffered, make separate claims simultaneously for compensation of the damages.
第十一条 赔偿请求人根据受到的不同损害,可以同时提出数项赔偿要求。
Article 12 For the purpose of claiming damages, an application in writing shall be made, giving the following particulars:
(1) Name, sex, age, work unit and address of the victim; if the victim is a legal person or other organization, its name and address as well as the name and post of its legal representative or of the person chiefly responsible for the entity;
(2) Concrete statement of the claim, factual grounds and reasons; and
(3) Date, month and year of the application.
If the claimant has true difficulty in writing an application, he may entrust another person with its writing, or may make the application orally, which shall be transcribed and put into the record by the organ liable for compensation.
If the claimant is not the victim himself, he shall explain his relationship with the victim and furnish corresponding evidence."
A new paragraph is added as Paragraph 4 of Article 12: "If a claimant submits an application in person, the organ liable for compensation shall issue a written proof on site which is affixed with its administrative organ special-purpose seal and indicated with the date of receipt. If the application materials are incomplete, the organ liable for compensation shall, either on site or within five days, inform the claimant in a single notice of all the contents to be supplemented or corrected.
(1) Name, sex, age, work unit and address of the victim; if the victim is a legal person or other organization, its name and address as well as the name and post of its legal representative or of the person chiefly responsible for the entity;
(2) Concrete statement of the claim, factual grounds and reasons; and
(3) Date, month and year of the application.
If the claimant has true difficulty in writing an application, he may entrust another person with its writing, or may make the application orally, which shall be transcribed and put into the record by the organ liable for compensation.
If the claimant is not the victim himself, he shall explain his relationship with the victim and furnish corresponding evidence."
A new paragraph is added as Paragraph 4 of Article 12: "If a claimant submits an application in person, the organ liable for compensation shall issue a written proof on site which is affixed with its administrative organ special-purpose seal and indicated with the date of receipt. If the application materials are incomplete, the organ liable for compensation shall, either on site or within five days, inform the claimant in a single notice of all the contents to be supplemented or corrected.
第十二条 要求赔偿应当递交申请书,申请书应当载明下列事项:
(一)受害人的姓名、性别、年龄、工作单位和住所,法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务;
(二)具体的要求、事实根据和理由;(三)申请的年、月、日。
赔偿请求人书写申请书确有困难的,可以委托他人代书;也可以口头申请,由赔偿义务机关记入笔录。
赔偿请求人不是受害人本人的,应当说明与受害人的关系,并提供相应证明。
赔偿请求人当面递交申请书的,赔偿义务机关应当当场出具加盖本行政机关专用印章并注明收讫日期的书面凭证。申请材料不齐全的,赔偿义务机关应当当场或者在五日内一次性告知赔偿请求人需要补正的全部内容。
Article 13 The organ liable for compensation shall, within two months from the date of receiving the application, make a decision on whether or not to make compensation. To make such a decision, the organ liable for compensation shall listen to the opinions of the claimant and negotiate with him in accordance with the provisions of Chapter IV of this Law regarding form of compensation, items to be compensated, and amount of compensation.
Where an organ liable for compensation decides to make compensation, it shall prepare a written compensation decision and deliver the same to the claimant within ten days after the decision is made.
Where the organ liable for compensation decides to reject the compensation claim, it shall notify the claimant in writing within ten days after the decision is made and explain thereto the reasons.
Where an organ liable for compensation decides to make compensation, it shall prepare a written compensation decision and deliver the same to the claimant within ten days after the decision is made.
Where the organ liable for compensation decides to reject the compensation claim, it shall notify the claimant in writing within ten days after the decision is made and explain thereto the reasons.
第十三条 赔偿义务机关应当自收到申请之日起两个月内,作出是否赔偿的决定。赔偿义务机关作出赔偿决定,应当充分听取赔偿请求人的意见,并可以与赔偿请求人就赔偿方式、赔偿项目和赔偿数额依照本法第四章的规定进行协商。
赔偿义务机关决定赔偿的,应当制作赔偿决定书,并自作出决定之日起十日内送达赔偿请求人。
赔偿义务机关决定不予赔偿的,应当自作出决定之日起十日内书面通知赔偿请求人,并说明不予赔偿的理由。
Article 14 If the organ liable for compensation fails to make a decision on whether or not to make compensation within the prescribed time limit, the claimant can bring a suit in a people's court within three months from the date of expiration of the period.
If the claimant raises an opposition against the form, item, or amount of compensation, or the organ liable for compensation makes a decision on rejecting the compensation claim, the claimant can bring a suit in a people's court within three months from the date when the decision is made.
If the claimant raises an opposition against the form, item, or amount of compensation, or the organ liable for compensation makes a decision on rejecting the compensation claim, the claimant can bring a suit in a people's court within three months from the date when the decision is made.
第十四条 赔偿义务机关在规定期限内未作出是否赔偿的决定,赔偿请求人可以自期限届满之日起三个月内,向人民法院提起诉讼。
赔偿请求人对赔偿的方式、项目、数额有异议的,或者赔偿义务机关作出不予赔偿决定的,赔偿请求人可以自赔偿义务机关作出赔偿或者不予赔偿决定之日起三个月内,向人民法院提起诉讼。
Article 15 Where a people's court tries an administrative compensation case, the claimant and organ liable for compensation shall furnish evidence for the allegations they have proposed.
During the period when the organ liable for compensation adopts administrative detainment or other compulsory measures involving the restriction of freedom of person, and the person subject to restriction of freedom dies or loses the capacity of conduct, the organ liable for compensation shall furnish evidence proving whether or not there exists a cause-effect relationship between the act of the organ and the said person's death or loss of capacity of conduct.
During the period when the organ liable for compensation adopts administrative detainment or other compulsory measures involving the restriction of freedom of person, and the person subject to restriction of freedom dies or loses the capacity of conduct, the organ liable for compensation shall furnish evidence proving whether or not there exists a cause-effect relationship between the act of the organ and the said person's death or loss of capacity of conduct.
第十五条 人民法院审理行政赔偿案件,赔偿请求人和赔偿义务机关对自己提出的主张,应当提供证据。
赔偿义务机关采取行政拘留或者限制人身自由的强制措施期间,被限制人身自由的人死亡或者丧失行为能力的,赔偿义务机关的行为与被限制人身自由的人的死亡或者丧失行为能力是否存在因果关系,赔偿义务机关应当提供证据。
Article 16 The organ liable for compensation shall, after making the compensation, charge its functionaries, entrusted organizations or individuals who have been intentional or grossly negligent in the matter, to bear part or the whole of the compensatory expenses.
Those who are responsible for the matter and have been intentional or grossly negligent shall be given sanctions by the relevant organ in accordance with law; if a crime has been constituted, they shall, according to law, be investigated for criminal responsibility.
Those who are responsible for the matter and have been intentional or grossly negligent shall be given sanctions by the relevant organ in accordance with law; if a crime has been constituted, they shall, according to law, be investigated for criminal responsibility.
Chapter III: Criminal Compensation
Section 1: Scope of Compensation
Section 1: Scope of Compensation
第十六条 赔偿义务机关赔偿损失后，应当责令有故意或者重大过失的工作人员或者受委托的组织或者个人承担部分或者全部赔偿费用。
对有故意或者重大过失的责任人员，有关机关应当依法给予处分;构成犯罪的，应当依法追究刑事责任。
第三章 刑事赔偿
第一节 赔偿范围
Article 17 The victim shall have the right to compensation if an organ in charge of investigatory, procuratorial and judicial duties and powers or an organ in charge of detention house or prison administration work, or its functionaries, infringe upon the rights of the person, in the exercise of its functions and powers in any of the following circumstances:
(1) Detaining a citizen in violation of the provisions of the Criminal Procedure Law or, detaining a citizen in accordance with the conditions and procedures stipulated by the Criminal Procedure Law, but for a period longer than the time limit prescribed by the Criminal Procedure Law and then making a decision on withdrawing the case, waiving the suit or making a judgment declaring the citizen innocent and terminating the pursuance of legal liabilities;
(2) After arresting a citizen, making a decision to withdraw the case, waive the suit or make a judgment declaring the citizen innocent and terminating the pursuance of legal liabilities;
(3) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the original sentence has already been executed;
(4) Extortion of a confession by torture or causing bodily injury or death to a citizen by using, or instigating and allowing another to use violence, such as beating one up or abuse; or
(5) Causing bodily injury or death to a citizen by the unlawful use of weapons or police restraint implements.
(1) Detaining a citizen in violation of the provisions of the Criminal Procedure Law or, detaining a citizen in accordance with the conditions and procedures stipulated by the Criminal Procedure Law, but for a period longer than the time limit prescribed by the Criminal Procedure Law and then making a decision on withdrawing the case, waiving the suit or making a judgment declaring the citizen innocent and terminating the pursuance of legal liabilities;
(2) After arresting a citizen, making a decision to withdraw the case, waive the suit or make a judgment declaring the citizen innocent and terminating the pursuance of legal liabilities;
(3) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the original sentence has already been executed;
(4) Extortion of a confession by torture or causing bodily injury or death to a citizen by using, or instigating and allowing another to use violence, such as beating one up or abuse; or
(5) Causing bodily injury or death to a citizen by the unlawful use of weapons or police restraint implements.
第十七条 行使侦查、检察、审判职权的机关以及看守所、监狱管理机关及其工作人员在行使职权时有下列侵犯人身权情形之一的,受害人有取得赔偿的权利:
(一)违反刑事诉讼法的规定对公民采取拘留措施的,或者依照刑事诉讼法规定的条件和程序对公民采取拘留措施,但是拘留时间超过刑事诉讼法规定的时限,其后决定撤销案件、不起诉或者判决宣告无罪终止追究刑事责任的;
(二)对公民采取逮捕措施后,决定撤销案件、不起诉或者判决宣告无罪终止追究刑事责任的;
(三)依照审判监督程序再审改判无罪,原判刑罚已经执行的;
(四)刑讯逼供或者以殴打、虐待等行为或者唆使、放纵他人以殴打、虐待等行为造成公民身体伤害或者死亡的;
(五)违法使用武器、警械造成公民身体伤害或者死亡的。
Article 18 The victim shall have the right to compensation if an organ in charge of investigatory, procuratorial and judicial duties and powers or an organ in charge of detention house or prison administration work, or its functionaries, infringe upon property rights in any of the following circumstances:
(1) Unlawfully taking measures such as sealing up, distraining, freezing or recovering property; or
(2) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the fine or confiscation of property in the original sentence has already been executed.
(1) Unlawfully taking measures such as sealing up, distraining, freezing or recovering property; or
(2) Innocence is found in a retrial held in accordance with the procedure of trial supervision, but the fine or confiscation of property in the original sentence has already been executed.
第十八条 行使侦查、检察、审判职权的机关以及看守所、监狱管理机关及其工作人员在行使职权时有下列侵犯财产权情形之一的,受害人有取得赔偿的权利:
(一)违法对财产采取查封、扣押、冻结、追缴等措施的;
(二)依照审判监督程序再审改判无罪,原判罚金、没收财产已经执行的。
Article 19 The State shall not be liable for compensation in any of the following circumstances:
(1) The taking into custody or sentencing being due to a citizen's own intentionally made false statements or fabricated evidence of guilt;
(2) The person taken into custody being one not liable for criminal responsibility in accordance with Articles 14 and 15 of the Criminal Law;
(3) "(3) The person taken into custody being one who shall not be investigated for criminal responsibility in accordance with Article 15 and Paragraph 2 of Article 142 of the Criminal Procedure Law;
(4) Individual acts of functionaries of organs in charge of investigatory, procuratorial and judicial duties and powers or organs in charge of detention house or prison administration work, which have nothing to do with the exercise of their functions and powers;
(5) Damage being caused by intentional acts of a citizen such as self-wounding and self-mutilation; or
(6) Other circumstances as stipulated by law.
(1) The taking into custody or sentencing being due to a citizen's own intentionally made false statements or fabricated evidence of guilt;
(2) The person taken into custody being one not liable for criminal responsibility in accordance with Articles 14 and 15 of the Criminal Law;
(3) "(3) The person taken into custody being one who shall not be investigated for criminal responsibility in accordance with Article 15 and Paragraph 2 of Article 142 of the Criminal Procedure Law;
(4) Individual acts of functionaries of organs in charge of investigatory, procuratorial and judicial duties and powers or organs in charge of detention house or prison administration work, which have nothing to do with the exercise of their functions and powers;
(5) Damage being caused by intentional acts of a citizen such as self-wounding and self-mutilation; or
(6) Other circumstances as stipulated by law.
Section 2: Claimants to Compensation and Organs Liable for Compensation
第十九条 属于下列情形之一的，国家不承担赔偿责任:
（一）因公民自己故意作虚伪供述，或者伪造其他有罪证据被羁押或者被判处刑罚的;
（二）依照刑法第十七条、第十八条规定不负刑事责任的人被羁押的;
（三）依照刑事诉讼法第十五条、第一百四十二条第二款规定不追究刑事责任的人被羁押的;
（四）行使侦查、检察、审判职权的机关以及看守所、监狱管理机关的工作人员与行使职权无关的个人行为;
（五）因公民自伤、自残等故意行为致使损害发生的;
（六）法律规定的其他情形。
第二节 赔偿请求人和赔偿义务机关
Article 20 Claimants to compensation shall be determined in accordance with the provisions of Article 6 of this Law.
第二十条 赔偿请求人的确定依照本法第六条的规定。
Article 21 If an organ in charge of investigatory, procuratorial and judicial duties and powers or an organ in charge of detention house or prison administration work, or its functionaries, infringe upon the rights and interests of a citizen, a legal person, or other organizations, in the exercise of its functions and powers, thereby causing damage to the victims, that organ shall be the organ liable for compensation.
If State compensation shall be made to a person for being detained in accordance with the provisions of this Law, the organ deciding on the detention shall be the organ liable for compensation.
After a citizen is arrested, a decision is made to withdraw the case or waive the suit, or a judgment is made to declare the citizen innocent, the organ deciding on the arrest shall be the organ liable for compensation.
If a person is adjudged not guilty in a retrial, the people's court passing the originally effective sentence shall be the organ liable for compensation. If a person is adjudged not guilty by a court of the second instance, or adjudged not guilty after the second instance case is remanded for retrial, the court passing the original first-instance sentence shall be the organ liable for compensation.
If State compensation shall be made to a person for being detained in accordance with the provisions of this Law, the organ deciding on the detention shall be the organ liable for compensation.
After a citizen is arrested, a decision is made to withdraw the case or waive the suit, or a judgment is made to declare the citizen innocent, the organ deciding on the arrest shall be the organ liable for compensation.
If a person is adjudged not guilty in a retrial, the people's court passing the originally effective sentence shall be the organ liable for compensation. If a person is adjudged not guilty by a court of the second instance, or adjudged not guilty after the second instance case is remanded for retrial, the court passing the original first-instance sentence shall be the organ liable for compensation.
Section 3: Compensatory Procedure
第二十一条 行使侦查、检察、审判职权的机关以及看守所、监狱管理机关及其工作人员在行使职权时侵犯公民、法人和其他组织的合法权益造成损害的，该机关为赔偿义务机关。
对公民采取拘留措施，依照本法的规定应当给予国家赔偿的，作出拘留决定的机关为赔偿义务机关。
对公民采取逮捕措施后决定撤销案件、不起诉或者判决宣告无罪的，作出逮捕决定的机关为赔偿义务机关。
再审改判无罪的，作出原生效判决的人民法院为赔偿义务机关。二审改判无罪，以及二审发回重审后作无罪处理的，作出一审有罪判决的人民法院为赔偿义务机关。
第三节 赔偿程序
Article 22 An organ liable for compensation shall pay the compensation if it is involved in any of the circumstances stipulated in the provisions of Articles 17 and 18 of this Law.
A claimant to compensation shall first apply to the organ liable for compensation in making a demand for it.
The provisions of Articles 11 and 12 of this Law shall be applicable to the compensation claim filed by a claimant.
A claimant to compensation shall first apply to the organ liable for compensation in making a demand for it.
The provisions of Articles 11 and 12 of this Law shall be applicable to the compensation claim filed by a claimant.
第二十二条 赔偿义务机关有本法第十七条、第十八条规定情形之一的,应当给予赔偿。
赔偿请求人要求赔偿,应当先向赔偿义务机关提出。
赔偿请求人提出赔偿请求,适用本法第十一条、第十二条的规定。
Article 23 The organ liable for compensation shall, within two months from the date of receiving the application, make a decision on whether or not to make compensation. To make such a decision, the organ liable for compensation shall listen to the opinions of the claimant and negotiate with him in accordance with the provisions of Chapter IV of this Law regarding the form of compensation, items of compensation and amount of compensation.
Where an organ liable for compensation decides to make compensation, it shall prepare a written compensation decision and deliver the same to the claimant within ten days after the decision is made.
Where the organ liable for compensation decides to reject the compensation claim, it shall notify the claimant in writing within ten days after the decision is made and explain thereto the reasons.
Where an organ liable for compensation decides to make compensation, it shall prepare a written compensation decision and deliver the same to the claimant within ten days after the decision is made.
Where the organ liable for compensation decides to reject the compensation claim, it shall notify the claimant in writing within ten days after the decision is made and explain thereto the reasons.
第二十三条 赔偿义务机关应当自收到申请之日起两个月内,作出是否赔偿的决定。赔偿义务机关作出赔偿决定,应当充分听取赔偿请求人的意见,并可以与赔偿请求人就赔偿方式、赔偿项目和赔偿数额依照本法第四章的规定进行协商。
赔偿义务机关决定赔偿的,应当制作赔偿决定书,并自作出决定之日起十日内送达赔偿请求人。
赔偿义务机关决定不予赔偿的,应当自作出决定之日起十日内书面通知赔偿请求人,并说明不予赔偿的理由。
Article 24 If the organ liable for compensation fails to make a decision on whether or not to make compensation within the prescribed time limit, the claimant can apply for reconsideration to an organ at the next higher level within thirty days from the date of expiration of the period.
If the claimant raises an opposition against the form, item, or amount of compensation, or the organ liable for compensation makes a decision on rejecting the compensation claim, the claimant can apply for reconsideration to an organ at the next higher level within thirty days from the date when the decision is made.
If the organ liable for compensation is a people's court, the claimant to compensation may, in accordance with the provisions of this Article, apply to the compensation commission of a people's court at the next higher level for a decision on compensation.
If the claimant raises an opposition against the form, item, or amount of compensation, or the organ liable for compensation makes a decision on rejecting the compensation claim, the claimant can apply for reconsideration to an organ at the next higher level within thirty days from the date when the decision is made.
If the organ liable for compensation is a people's court, the claimant to compensation may, in accordance with the provisions of this Article, apply to the compensation commission of a people's court at the next higher level for a decision on compensation.
第二十四条 赔偿义务机关在规定期限内未作出是否赔偿的决定,赔偿请求人可以自期限届满之日起三十日内向赔偿义务机关的上一级机关申请复议。
赔偿请求人对赔偿的方式、项目、数额有异议的,或者赔偿义务机关作出不予赔偿决定的,赔偿请求人可以自赔偿义务机关作出赔偿或者不予赔偿决定之日起三十日内,向赔偿义务机关的上一级机关申请复议。
赔偿义务机关是人民法院的,赔偿请求人可以依照本条规定向其上一级人民法院赔偿委员会申请作出赔偿决定。
Article 25 An organ undertaking the reconsideration shall decide the matter within two months from the date of receiving the application.
A claimant to compensation who refuses to accept the outcome of the reconsideration, may, within thirty days from the date of receiving the decision, apply for a decision on compensation to the compensation commission of the people's court at the same level in the locality where the organ that attended to the reconsideration is situated; if the latter organ has made no decision within the period prescribed, the claimant to compensation may, within thirty days from the expiration of the period, apply for a decision to the compensation commission of the people's court at the same level in the locality where the organ undertaking the reconsideration is situated.
A claimant to compensation who refuses to accept the outcome of the reconsideration, may, within thirty days from the date of receiving the decision, apply for a decision on compensation to the compensation commission of the people's court at the same level in the locality where the organ that attended to the reconsideration is situated; if the latter organ has made no decision within the period prescribed, the claimant to compensation may, within thirty days from the expiration of the period, apply for a decision to the compensation commission of the people's court at the same level in the locality where the organ undertaking the reconsideration is situated.
第二十五条 复议机关应当自收到申请之日起两个月内作出决定。
赔偿请求人不服复议决定的,可以在收到复议决定之日起三十日内向复议机关所在地的同级人民法院赔偿委员会申请作出赔偿决定;复议机关逾期不作决定的,赔偿请求人可以自期限届满之日起三十日内向复议机关所在地的同级人民法院赔偿委员会申请作出赔偿决定。
Article 26 Where the compensation commission of the people's court handles a compensation claim, the claimant and organ liable for compensation shall furnish evidence proving the allegations they have proposed.
Where the detainee dies or loses capacity during the period of detainment, the organ liable for compensation shall furnish evidence proving whether or not there exists a cause-effect relationship between the acts of the organ and the said person's death or loss of capacity.
Where the detainee dies or loses capacity during the period of detainment, the organ liable for compensation shall furnish evidence proving whether or not there exists a cause-effect relationship between the acts of the organ and the said person's death or loss of capacity.
第二十六条 人民法院赔偿委员会处理赔偿请求,赔偿请求人和赔偿义务机关对自己提出的主张,应当提供证据。
被羁押人在羁押期间死亡或者丧失行为能力的,赔偿义务机关的行为与被羁押人的死亡或者丧失行为能力是否存在因果关系,赔偿义务机关应当提供证据。
Article 27 The compensation commission of the people's court shall adopt by way of written examination to handle a compensation claim. When necessary, it may conduct investigation and collect evidence with the relevant entities and persons. If there is any disagreement between the claimant and the organ liable for compensation regarding the facts of damage and the cause-effect relationship, the compensation commission may listen to the statements and arguments made by both the claimant and the organ liable for compensation, and may also conduct cross-examination.
第二十七条 人民法院赔偿委员会处理赔偿请求,采取书面审查的办法。必要时,可以向有关单位和人员调查情况、收集证据。赔偿请求人与赔偿义务机关对损害事实及因果关系有争议的,赔偿委员会可以听取赔偿请求人和赔偿义务机关的陈述和申辩,并可以进行质证。
Article 28 The compensation commission of the people's court shall make a decision within three months after receiving the application for compensation. If the case is of a difficult or complex nature or major significance, subject to the approval of the president of the concerned court, an extension of three months shall be allowed.
第二十八条 人民法院赔偿委员会应当自收到赔偿申请之日起三个月内作出决定;属于疑难、复杂、重大案件的,经本院院长批准,可以延长三个月。
Article 29 People's courts at or above the intermediate level shall establish compensation commission composed of an odd number of their judges and the number shall be no smaller than three.
In making decisions on compensations, compensation commissions shall implement the principle of the minority subordinating to the majority.
Decisions made by a compensation commission are legally effective, and must be implemented.
In making decisions on compensations, compensation commissions shall implement the principle of the minority subordinating to the majority.
Decisions made by a compensation commission are legally effective, and must be implemented.
第二十九条 中级以上的人民法院设立赔偿委员会,由人民法院三名以上审判员组成,组成人员的人数应当为单数。
赔偿委员会作赔偿决定,实行少数服从多数的原则。
赔偿委员会作出的赔偿决定,是发生法律效力的决定,必须执行。
Article 30 If the claimant or organ liable for compensation believes that a decision made by the compensation commission is indeed erroneous, the claimant or the organ may file a petition with the compensation commission of the people's court at the next higher level.
After the compensation decision made by the compensation commission has become effective, if the commission discovers that the compensation decision violates the provisions of this Law, subject to a decision of the president of the court or the instructions given by the people's court at a higher level, the commission shall conduct examination anew within two months and make a decision in accordance with the law, or the compensation commission of the people's court at the next higher level can directly make examination and make a decision.
If the Supreme People's Procuratorate discovers that any decision made by the compensation commission of the people's court at all levels violates this Law, or the people's procuratorate discovers such a violation in the decision made by the compensation commission of its subordinate people's court, the procuratorial organ shall raise opinions to the compensation commission of the people's court at the same level, which shall conduct examination anew within two months and make a decision.
After the compensation decision made by the compensation commission has become effective, if the commission discovers that the compensation decision violates the provisions of this Law, subject to a decision of the president of the court or the instructions given by the people's court at a higher level, the commission shall conduct examination anew within two months and make a decision in accordance with the law, or the compensation commission of the people's court at the next higher level can directly make examination and make a decision.
If the Supreme People's Procuratorate discovers that any decision made by the compensation commission of the people's court at all levels violates this Law, or the people's procuratorate discovers such a violation in the decision made by the compensation commission of its subordinate people's court, the procuratorial organ shall raise opinions to the compensation commission of the people's court at the same level, which shall conduct examination anew within two months and make a decision.
第三十条 赔偿请求人或者赔偿义务机关对赔偿委员会作出的决定,认为确有错误的,可以向上一级人民法院赔偿委员会提出申诉。
赔偿委员会作出的赔偿决定生效后,如发现赔偿决定违反本法规定的,经本院院长决定或者上级人民法院指令,赔偿委员会应当在两个月内重新审查并依法作出决定,上一级人民法院赔偿委员会也可以直接审查并作出决定。
最高人民检察院对各级人民法院赔偿委员会作出的决定,上级人民检察院对下级人民法院赔偿委员会作出的决定,发现违反本法规定的,应当向同级人民法院赔偿委员会提出意见,同级人民法院赔偿委员会应当在两个月内重新审查并依法作出决定。
Article 31 An organ liable for compensation shall, after compensating the damage, recover part, or the whole of the compensation expenses from its functionaries who are involved in any of the following circumstances:
(1) Circumstances stated in Items 4 and 5 of Article 15 of this Law; or
(2) Embezzlement and bribe-taking, malpractice for personal ends, or twisting the law in the handling of cases.
Persons responsible for their involvement in the circumstances as stated in the preceding paragraph shall be given sanctions by the relevant organ according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
(1) Circumstances stated in Items 4 and 5 of Article 15 of this Law; or
(2) Embezzlement and bribe-taking, malpractice for personal ends, or twisting the law in the handling of cases.
Persons responsible for their involvement in the circumstances as stated in the preceding paragraph shall be given sanctions by the relevant organ according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IV: Forms and Assessment of Compensation
第三十一条 赔偿义务机关赔偿后，应当向有下列情形之一的工作人员追偿部分或者全部赔偿费用:
（一）有本法第十七条第四项、第五项规定情形的;
（二）在处理案件中有贪污受贿，徇私舞弊，枉法裁判行为的。
对有前款规定情形的责任人员，有关机关应当依法给予处分;构成犯罪的，应当依法追究刑事责任。
第四章 赔偿方式和计算标准
Article 32 State compensation shall take the form of payment of damages in the main.
If the property is able to be returned or its original condition is able to be restored, the property shall be returned or its original condition restored.
If the property is able to be returned or its original condition is able to be restored, the property shall be returned or its original condition restored.
第三十二条 国家赔偿以支付赔偿金为主要方式。
能够返还财产或者恢复原状的,予以返还财产或者恢复原状。
Article 33 If freedom of the person of a citizen is infringed, compensatory payment for each day shall be assessed in accordance with the State average daily pay of staff and workers in the previous year.
第三十三条 侵犯公民人身自由的,每日赔偿金按照国家上年度职工日平均工资计算。
Article 34 If a citizen's right to life and health is infringed upon, compensatory payment shall be assessed in accordance with the following provisions:
(1) In the case of bodily injury, medical expenses, nursing expenses as well as compensation for loss of income due to missed working time shall be paid. Daily compensation for the loss of income shall be assessed in accordance with the State average daily pay of staff and workers in the previous year, the maximum shall be five times the State average yearly pay of staff and workers in the previous year;
(2) In the case of the loss of part or the whole of working capability, medical expenses, nursing expenses, fees for ancillary equipment for the disabled, rehabilitation fee, necessary expenses caused due to disability and the expenses required for continued treatment, and disability compensation shall be paid. The disability compensation shall be determined in accordance with the degree of working capability lost and the national level of injury or disability, with the maximum amount of compensation no more than twenty times the State average yearly pay of staff and workers in the previous year. With regard to persons who suffer from complete loss of working capability, living expenses shall be paid to those who have been supported by them; or
(3) If death results, compensation for death and funeral expenses shall be paid, the total amount shall be twenty times the State average yearly pay of staff and workers in the previous year. Living expenses shall too be paid to those who have no working capability and have been supported by the deceased in his lifetime.
The standard for payment of living expenses provided in Items (2) and (3) in the preceding paragraph shall be handled by using, for reference the minimum living security standards of the local area. If the persons supported are minors, their living expenses shall be paid until they reach the age of 18; as to the others who have no working capability, living expenses shall be paid until their death.
(1) In the case of bodily injury, medical expenses, nursing expenses as well as compensation for loss of income due to missed working time shall be paid. Daily compensation for the loss of income shall be assessed in accordance with the State average daily pay of staff and workers in the previous year, the maximum shall be five times the State average yearly pay of staff and workers in the previous year;
(2) In the case of the loss of part or the whole of working capability, medical expenses, nursing expenses, fees for ancillary equipment for the disabled, rehabilitation fee, necessary expenses caused due to disability and the expenses required for continued treatment, and disability compensation shall be paid. The disability compensation shall be determined in accordance with the degree of working capability lost and the national level of injury or disability, with the maximum amount of compensation no more than twenty times the State average yearly pay of staff and workers in the previous year. With regard to persons who suffer from complete loss of working capability, living expenses shall be paid to those who have been supported by them; or
(3) If death results, compensation for death and funeral expenses shall be paid, the total amount shall be twenty times the State average yearly pay of staff and workers in the previous year. Living expenses shall too be paid to those who have no working capability and have been supported by the deceased in his lifetime.
The standard for payment of living expenses provided in Items (2) and (3) in the preceding paragraph shall be handled by using, for reference the minimum living security standards of the local area. If the persons supported are minors, their living expenses shall be paid until they reach the age of 18; as to the others who have no working capability, living expenses shall be paid until their death.
第三十四条 侵犯公民生命健康权的,赔偿金按照下列规定计算:
(一)造成身体伤害的,应当支付医疗费、护理费,以及赔偿因误工减少的收入。减少的收入每日的赔偿金按照国家上年度职工日平均工资计算,最高额为国家上年度职工年平均工资的五倍;
(二)造成部分或者全部丧失劳动能力的,应当支付医疗费、护理费、残疾生活辅助具费、康复费等因残疾而增加的必要支出和继续治疗所必需的费用,以及残疾赔偿金。残疾赔偿金根据丧失劳动能力的程度,按照国家规定的伤残等级确定,最高不超过国家上年度职工年平均工资的二十倍。造成全部丧失劳动能力的,对其扶养的无劳动能力的人,还应当支付生活费;
(三)造成死亡的,应当支付死亡赔偿金、丧葬费,总额为国家上年度职工年平均工资的二十倍。对死者生前扶养的无劳动能力的人,还应当支付生活费。
前款第二项、第三项规定的生活费的发放标准,参照当地最低生活保障标准执行。被扶养的人是未成年人的,生活费给付至十八周岁止;其他无劳动能力的人,生活费给付至死亡时止。
Article 35 Under any one of the circumstances stipulated in Article 3 or Article 17 of this Law, which has caused mental harm to the victim, the organ liable for compensation shall, within the scope of influence of the tortious act, eliminate the ill effects for the victim, rehabilitate his reputation, and extend an apology. If serious consequences are caused, a corresponding amount of mental injury relief fee shall be paid.
第三十五条 有本法第三条或者第十七条规定情形之一,致人精神损害的,应当在侵权行为影响的范围内,为受害人消除影响,恢复名誉,赔礼道歉;造成严重后果的,应当支付相应的精神损害抚慰金。
Article 36 Infringement of property right of a citizen, a legal person, or other organizations, resulting in damage being caused, shall be dealt with in accordance with the following provisions:
(1) If fines, recovery or confiscation of property have been ordered, or properties have been expropriated and appropriated in violation of the law, such properties shall be returned;
(2) If properties have been sealed up, distrained or frozen, the restraints shall be lifted; for properties thus damaged or missing, compensation shall be paid in accordance with the provisions of Items 3 and 4 of this Article;
(3) If the property to be returned is damaged, it shall be restored to its original condition if such restoration can be done; if not, corresponding compensation shall be paid in accordance with the extent of damage;
(4) If the property to be returned is missing, corresponding compensation shall be paid;
(5) If the property has been sold or has been sold by auction, the proceeds of the auction or sale shall be paid; if the proceeds of the sale is obviously lower than the value of the property, a corresponding amount of compensation shall be made;
(6) If the certificate and licence have been revoked and suspension of production and business has been ordered, compensation shall be paid for necessary overhead expenses for the period of such suspension; and
(7) In the case of returning the fines that have been executed or money that has been recovered or confiscated, or in the case of unfreezing the deposits or remittance that have been frozen, an interest shall be paid according to the corresponding interest rate for bank deposit; and
(8) If other damage is done to property rights, compensation shall be paid for the direct losses.
(1) If fines, recovery or confiscation of property have been ordered, or properties have been expropriated and appropriated in violation of the law, such properties shall be returned;
(2) If properties have been sealed up, distrained or frozen, the restraints shall be lifted; for properties thus damaged or missing, compensation shall be paid in accordance with the provisions of Items 3 and 4 of this Article;
(3) If the property to be returned is damaged, it shall be restored to its original condition if such restoration can be done; if not, corresponding compensation shall be paid in accordance with the extent of damage;
(4) If the property to be returned is missing, corresponding compensation shall be paid;
(5) If the property has been sold or has been sold by auction, the proceeds of the auction or sale shall be paid; if the proceeds of the sale is obviously lower than the value of the property, a corresponding amount of compensation shall be made;
(6) If the certificate and licence have been revoked and suspension of production and business has been ordered, compensation shall be paid for necessary overhead expenses for the period of such suspension; and
(7) In the case of returning the fines that have been executed or money that has been recovered or confiscated, or in the case of unfreezing the deposits or remittance that have been frozen, an interest shall be paid according to the corresponding interest rate for bank deposit; and
(8) If other damage is done to property rights, compensation shall be paid for the direct losses.
第三十六条 侵犯公民、法人和其他组织的财产权造成损害的,按照下列规定处理:
(一)处罚款、罚金、追缴、没收财产或者违法征收、征用财产的,返还财产;
(二)查封、扣押、冻结财产的,解除对财产的查封、扣押、冻结,造成财产损坏或者灭失的,依照本条第三项、第四项的规定赔偿;
(三)应当返还的财产损坏的,能够恢复原状的恢复原状,不能恢复原状的,按照损害程度给付相应的赔偿金;
(四)应当返还的财产灭失的,给付相应的赔偿金;
(五)财产已经拍卖或者变卖的,给付拍卖或者变卖所得的价款;变卖的价款明显低于财产价值的,应当支付相应的赔偿金;
(六)吊销许可证和执照、责令停产停业的,赔偿停产停业期间必要的经常性费用开支;
(七)返还执行的罚款或者罚金、追缴或者没收的金钱,解除冻结的存款或者汇款的,应当支付银行同期存款利息;
(八)对财产权造成其他损害的,按照直接损失给予赔偿。
Article 37 The compensation expenses shall be entered in the financial budget at various levels.
The claimant shall, by presenting effective written verdict, written reconsideration decision, written compensation decision or mediation statement; request the payment of compensation from the organ liable for compensation.
The organ liable for compensation shall file an application for payment with the relevant financial department according to its budgetary management power and authority within seven days after receiving the request for the payment of compensation. The financial department shall make the payment of the compensation within 15 days after receiving such an application.
The specific measures for the administration of budget and payment of compensation expenses are to be provided by the State Council.
The claimant shall, by presenting effective written verdict, written reconsideration decision, written compensation decision or mediation statement; request the payment of compensation from the organ liable for compensation.
The organ liable for compensation shall file an application for payment with the relevant financial department according to its budgetary management power and authority within seven days after receiving the request for the payment of compensation. The financial department shall make the payment of the compensation within 15 days after receiving such an application.
The specific measures for the administration of budget and payment of compensation expenses are to be provided by the State Council.
Chapter V: Other Provisions
第三十七条 赔偿费用列入各级财政预算。
赔偿请求人凭生效的判决书、复议决定书、赔偿决定书或者调解书，向赔偿义务机关申请支付赔偿金。
赔偿义务机关应当自收到支付赔偿金申请之日起七日内，依照预算管理权限向有关的财政部门提出支付申请。财政部门应当自收到支付申请之日起十五日内支付赔偿金。
赔偿费用预算与支付管理的具体办法由国务院规定。
第五章 其他规定
Article 38 If a people's court, in violation of the law, adopts in civil or administrative proceedings compulsory measures or preservative measures in impairment of the proceedings, or wrongly executes a judgment or a ruling or other effective legal documents, thereby resulting in damage being done, the criminal compensation procedures of this Law shall be applicable to the procedure for making claims for compensation by the claimant.
第三十八条 人民法院在民事诉讼、行政诉讼过程中,违法采取对妨害诉讼的强制措施、保全措施或者对判决、裁定及其他生效法律文书执行错误,造成损害的,赔偿请求人要求赔偿的程序,适用本法刑事赔偿程序的规定。
Article 39 The effective term for claims for State compensation are two years, to be counted from the day when the claimant is aware or should be aware of the fact that the exercise of the functions and powers by a State organ and its functionaries has violated his rights to the person or property rights, but the period of detention of the victim shall not be counted. If the compensation claim is filed when applying for administrative reconsideration or filing for administrative action, the relevant provisions on the effective term in the Administrative Reconsideration Law and the Administrative Procedure Law shall apply.
The limitation of action for claims for State compensation shall be suspended if during its last six months, the claimant is unable to exercise his rights due to force majeure or other obstacles. The limitation shall resume from the day the grounds for suspension are eliminated.
The limitation of action for claims for State compensation shall be suspended if during its last six months, the claimant is unable to exercise his rights due to force majeure or other obstacles. The limitation shall resume from the day the grounds for suspension are eliminated.
第三十九条 赔偿请求人请求国家赔偿的时效为两年,自其知道或者应当知道国家机关及其工作人员行使职权时的行为侵犯其人身权、财产权之日起计算,但被羁押等限制人身自由期间不计算在内。在申请行政复议或者提起行政诉讼时一并提出赔偿请求的,适用行政复议法、行政诉讼法有关时效的规定。
赔偿请求人在赔偿请求时效的最后六个月内,因不可抗力或者其他障碍不能行使请求权的,时效中止。从中止时效的原因消除之日起,赔偿请求时效期间继续计算。
Article 40 If a foreigner, a foreign enterprise, or a foreign organization within the territory of the People's Republic of China demands compensation to be made by the People's Republic, this Law shall apply.
If a State to which a foreigner, a foreign enterprise, or a foreign organization belongs gives no protection to or limits the right of a citizen, a legal person, or other organizations of the People's Republic of China to claim compensation by that State, the People's Republic of China shall implement the principle of reciprocity with the State to which the foreigner, the foreign enterprise, or the foreign organization belongs.
If a State to which a foreigner, a foreign enterprise, or a foreign organization belongs gives no protection to or limits the right of a citizen, a legal person, or other organizations of the People's Republic of China to claim compensation by that State, the People's Republic of China shall implement the principle of reciprocity with the State to which the foreigner, the foreign enterprise, or the foreign organization belongs.
Chapter VI: Supplementary Provisions
第四十条 外国人、外国企业和组织在中华人民共和国领域内要求中华人民共和国国家赔偿的，适用本法。
外国人、外国企业和组织的所属国对中华人民共和国公民、法人和其他组织要求该国国家赔偿的权利不予保护或者限制的，中华人民共和国与该外国人、外国企业和组织的所属国实行对等原则。
第六章 附则
Article 41 No organs liable for compensation or undertaking the reconsideration of a case, or the people's courts may collect any expenses from a claimant to State compensation.
No tax shall be levied as regards the compensation a claimant has obtained.
No tax shall be levied as regards the compensation a claimant has obtained.
第四十一条 赔偿请求人要求国家赔偿的,赔偿义务机关、复议机关和人民法院不得向赔偿请求人收取任何费用。
对赔偿请求人取得的赔偿金不予征税。
Article 42 This Law shall go into effect as of January 1,1995.
第四十二条 本法自1995年1月1日起施行。
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