Section III Compensatory Procedure

Article 9 An organ liable for compensation shall, after confirmation according to law of its involvement in any of the circumstances stipulated in Articles 3 and 4 herein, make the compensation.

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.

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.

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.

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, he shall state his relationship with the victim and produce corresponding certificates.

If the claimant submits its/his application in person, the organ liable for compensation shall issue a written voucher with its special seal and the date of receipt on the spot. If the application materials are incomplete, the organ liable for compensation shall notify the claimant of all materials that shall be supplemented on the spot or within five days in one time.

Article 13 The organ liable for compensation shall, within two months from the date of receiving the application, make a decision on whether to make compensation. When making the compensation decision, the organ liable for compensation shall take full consideration of the opinions of the claimant and may confer with the claimant on forms, items and amounts of compensation in accordance with Chapter IV herein.

If the organ liable for compensation decides to make compensation, it shall prepare the written decision of compensation and send it to the claimant within 10 days upon decision.

If the organ liable for compensation decides to make no compensation, it shall notify the claimant within 10 days upon decision in writing and explain the reasons for non-compensation.

Article 14 Where the organ liable for compensation fails to make a decision on whether to make compensation within the time limit, a claimant may bring a suit in a people's court within three months from the date of expiration of the period.

If the claimant is not satisfied with the forms, items and amounts of compensation, or the organ liable for compensation has made a decision on non-compensation, the claimant may bring a suit in a people's court within three months from the date when the organ liable for compensation makes the compensation or the decision on non-compensation.

Article 15 In trail of a case of administrative compensation by a people's court, the claimant and the organ liable for compensation shall provide evidences for their claims.

During the period when the organ liable for compensation administratively detains a citizen or takes compulsory administrative measures in restraint of his personal freedom, if the citizen dies or loses his capacity, the organ liable for compensation shall produce evidences proving whether there is any causal relationship between its act and the death or loss of capacity of the citizen.

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 administrative 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 I Scope of Compensation

Article 17 The victim shall have the right to compensation if an organ in charge of investigatory, procuratorial and judicial work or a watch house or prison administration or its functionaries, infringe upon his right 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 Criminal Procedure Law, or detaining a citizen in light of the conditions and procedures of the Criminal Procedure Law, but the time of detention exceeds the time limit as stipulated in the Criminal Procedure Law and later a decision on cancellation of the case or non-suit is made or the citizen is adjudged innocent and the prosecution of his criminal responsibility shall be terminated;

(2) After taking detention measures against a citizen, deciding to cancel the case or not bringing a suit or the citizen is adjudged innocent and the prosecution of his criminal responsibility shall be terminated;

(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 or divulging the use of 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.

Article 18 The victim shall have the right to compensation if an organ in charge of investigatory, procuratorial, judicial work or a watch house or prison administration, 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 a 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.

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 17 and 18 of the Criminal Law;

(3) The person taken into custody being one who shall not be investigated for criminal responsibility in accordance with Article 15 and 142 (2) of the Criminal Procedure Law;

(4) Individual acts of functionaries of organs in charge of investigatory, procuratorial, judicial work or watch houses or prison administrations, 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 II Claimants to Compensation and Organs Liable for Compensation

Article 20 Claimants to compensation shall be determined in accordance with the provisions of Article 6 herein.

Article 21 If an organ in charge of investigatory, procuratorial, judicial work or a watch house or prison administration, 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 a citizen is detained and shall be given state compensation in accordance with the provisions herein, the organ deciding on the detention shall be the organ liable for compensation.

If a citizen is arrested and then the decision on cancellation of the case or non-suit is made or the citizen is adjudged innocent, the organ deciding on the arrest shall be the organ liable for compensation.

If a citizen 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 citizen is adjudged not guilty by a court of the second instance, or is found not guilty after retrial of the original court, the court passing the original sentence shall be the organ liable for compensation.