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According to the applied provisions stated in the law of the People's
Republic of China on State Compensation, where government agencies and their
personnel who exercise the functions and powers of detection, prosecution,
adjudication and administration of prison cause any of the following
infringements upon personal rights when exercising their functions and powers,
the aggrieved person shall have the right to recover damages as follows:
(1) The wrong detention of a person without criminal facts or without facts
evidencing the person with gross criminal suspicion;
(2) the wrong arrest of a person without criminal facts;
(3) an adjudication of innocence is given to change an original sentence in
the retrial in accordance with the procedure for retrial supervision, and the
original sentence of penalty has been executed;
(4) the bodily injury to or the decease of a citizen caused by arranged
torture or violent acts such as battery or abetting others in battery;
(5) the bodily injury to or the decease of a citizen caused by the unlawful
use of a weapon or police apparatus;
(6) a measure, such as the sealing up, distraint, freezing or recovery of
property in violation of law, or
(7) an adjudication of innocence is given to change an original sentence in
the retrial in accordance with the procedure for retrial supervision, and the
original court supervision of fine or confiscation of property has been
executed.
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