國(guó)家賠償法word版-展示頁(yè)
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【正文】 ms and Assessment of Compensation Chapter V Other Provisions Chapter VI Supplementary Provisions Chapter I General ProvisionsArticle 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 pensation according to law, and promoting the exercise by State organs of their functions and powers according to law. Article 2 Where State organs or State functionaries, in violation of the law, abuse their functions and powers infringing upon the lawful rights and interests of the citizens, legal persons and other organizations, thereby causing damage to them, the victims shall have the right to State pensation in accordance with this Law. Compensation by the State shall be carried out by the organs liable for pensation as stipulated by this Law. Chapter II Administrative CompensationSection 1 Scope of CompensationArticle 3 The victim shall have the right to pensation if an administrative organ or its functionaries, in exercising their administrative functions and powers, mit 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 pulsory administrative measures in restraint of his personal freedom。 (3) Using or instigating violence such as beating one up, thereby causing bodily injury or death to a citizen。 or (5) Other unlawful acts causing bodily injury or death to a citizen. Article 4 The victim shall have the right to pensation if an administrative organ or its functionaries, in exercising their functions and powers, mit 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。 (3) Expropriating property or apportioning expenses in violation of the provisions of the State。 (2) Damage arisen from acts done by citizens, legal persons or other organizations themselves。s rights shall have the right to demand pensation. Article 7 Where an administrative organ and its functionaries, in exercising their administrative powers, infringe upon the lawful 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 pensation. Where two or more than two administrative organs in jointly exercising their administrative functions and powers infringe upon the lawful 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 pensation. Where an organization in exercising the administrative powers conferred on it by law, rules and regulations infringe upon the lawful 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 pensation. Where an organization or an individual, in exercising the administrative powers entrusted to it or him by an administrative organ, infringes upon the lawful 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 pensation. Where an organ liable for pensation has been abolished, the administrative organ that continues to exercise the former39。 if there is no administrative organ that continues to exercise the former39。 however, if the oute of the reconsideration aggravates the damage, the organ undertaking the reconsideration of the case shall carry out its pensatory obligations as regards the increased portion of damages. Section 3 Compensatory ProceduresArticle 9 An organ liable for pensation shall, after confirmation according to law of its involvement in any of the circumstances stipulated in Articles 3 and 4 of this Law, make the pensation. A claimant who demands pensation shall first apply to the organ liable for the pensation, or may make demands for it simultaneously when applying for administrative reconsideration of the case or when bringing an admi
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