Section III Compensatory Procedure

Article 22 An organ liable for compensation shall pay the compensation if its involvement in any of the circumstances stipulated in the provisions of Articles 17 and 18 herein.

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 herein shall be applicable when a claimant making a demand for compensation.

Article 23 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 24 Where the organ liable for compensation fails to make a decision on whether to make compensation within the time limit, a claimant may 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 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 apply for reconsideration to an organ at the next higher level within thirty days from the date when the organ liable for compensation makes the compensation or the decision on non-compensation.

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.

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.

Article 26 In handling of a compensation demand by the compensation commission of a people's court, the claimant and the organ liable for compensation shall provide evidences for their claims.

If a citizen dies or loses his capacity during his detention, 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 27 The compensation commission of a people's court shall review written materials when handling a compensation demand and may make investigations on and collect evidences from the relevant units and individuals if necessary. If the claimant and the organ liable for compensation have any dissent on the facts of damage and the casual relationship, the compensation commission may hear the statements and averments of the claimant and the organ liable for compensation and take cross-examination.

Article 28 The compensation commission of a people's court shall decide the matter within three months from the date of receiving the compensation application. If the case is difficult, complex or material, the period for making a decision may extended three months upon approval of the president of the court.

Article 29 People's courts at or above the intermediate level shall establish a compensation commission composed of more than three their judges, and the member number shall be singular.

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.

Article 30 A claimant or an organ liable for compensation that holds the decision of a compensation commission is really wrong may apply to the compensation commission of a people's court at a higher level for appeal.

After the compensation decision of a compensation commission comes into effect, if the decision is found in violation of the provisions herein, the compensation commission shall conduct a reexamination and make a new decision within two months upon decision of the president of the court or the order of the people's court at a higher level, and the people's court at a higher level may directly conduct an examination and make a decision.

If the Supreme People's Procuratorate and people's procuratorates at a higher level respectively find any decision of the compensation commissions of people's courts at all levels and of the compensation commissions of people's courts at a lower level violates the provisions herein, they may give opinions to the compensation commission of the people's court at the same level and the latter shall conduct a reexamination and make a new decision within two months.

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 Paragraph 4 and 5 of Article 17 herein; 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 paragraphs shall be given administrative sanctions by the relevant organ according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.