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【正文】 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 ProvisionsArticle 34 No organs liable for pensation or undertaking the reconsideration of a case, or the people39。s court, in violation of the law, adopts in civil or administrative proceedings pulsory 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 pensation procedures of this Law shall be applicable to the procedure for making claims for pensation by the claimant. Article 32 The limitation of action for claims for State pensation shall be two years, to be counted from the day the exercise of the functions and powers by a State organ and its functionaries is lawfully confirmed to be in violation of law, but the period of detention of the victim shall not be counted. The limitation of action for claims for State pensation 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. Article 33 If a foreigner, a foreign enterprise, or a foreign organization within the territory of the People39。 (5) If the property has been sold by auction, the proceeds of the auction shall be returned。 for properties thus damaged or missing, pensation shall be paid in accordance with the provisions of Items 3 and 4 of this Article。 (2) In the case of loss of part or the whole of working capability, medical expenses and disability pensation shall be paid, the latter to be determined in accordance with the degree of working capability lost. Maximum amount of pensation for partial loss of working capability shall be ten times the State average yearly pay of staff and workers in the previous year, and that for total loss, twenty times, in which case living expenses shall too be paid to persons who have no working capability and have been supported by the disabled。s courts at or above the intermediate level shall establish pensation mission posed of three to seven of their judges. In making decisions on pensations, pensation missions shall implement the principle of the minority subordinating to the majority. Decisions made by a pensation mission are legally effective, and must be implemented. Article 24 An organ liable for pensation shall, after pensating the damage, recover part, or the whole of the pensation 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。s court at the next higher level for a decision on pensation. Article 22 An organ undertaking the reconsideration shall decide the matter within two months from the date of receiving the application. A claimant to pensation who refuses to accept the oute of the reconsideration, may, within thirty days from the date of receiving the decision, apply for a decision on pensation to the pensation mission of the people39。 or (6) Other circumstances as stipulated by law. Section 2 Claimants to Compensation and Organs Liable for CompensationArticle 18 Claimants to pensation shall be determined in accordance with the provisions of Article 6 of this Law. Article 19 If an organ in charge of investigatory, procuratorial, judicial 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 pensation. If a person is wrongly detained without incriminating facts nor proof substantiating a strong suspicion of the mission of a crime, the organ deciding on the detention shall be the organ liable for pensation. If a person is wrongly arrested without incriminating facts, the organ deciding on the arrest shall be the organ liable for pensation. If a person is adjudged not guilty in a retrial, the people39。 (2) The person taken into custody being one not liable for criminal responsibility in accordance with Articles 14 and 15 of the Criminal Law。 (4) Extortion
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