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According to the applied provisions stated in the law of the People's
Republic of China on State Compensation, the aggrieved person shall have the
right to recover damages in one of the following circumstances where the
government body or its personnel infringes upon his/her personal rights and/or
property rights when exercising functions and powers:
(1) Where there is an unlawful detention or an unlawful compulsory
administrative measure to restrict the personal freedom of a citizen;
(2) where there is an unlawful custody or otherwise unlawful deprivation of
the personal freedom of a citizen;
(3) where violent acts such as battery or abetting others in battery causes
bodily injury to or the decease of a citizen;
(4) where the use of a weapon or police apparatus in violation of the law
causes bodily injury to or the decease of a citizen;
(5) other unlawful acts which cause bodily injury to or the decease of a
citizen;
(6) imposing an administrative punishment in violation of the law, such as a
fine, the revocation of a permit or license, the order to suspend production or
business operation, or the confiscation of property and articles;
(7) taking a compulsory administrative measure in violation of the law such
as the sealing up, distraint or freezing of property;[1E1]
(8) expropriating property and articles or apportioning expenses in violation
of rules and regulations of the state, or
(9) other unlawful acts which cause damage to property and articles.
What are fundamental duties of the citizens of the People's Republic of
China?
In the Constitution of the People's Republic of China the fundamental duties
of the citizens of the People's Republic of China are:
(1) To safeguard the unification of the country and the unity of all its
nationalities;
(2) to abide by the Constitution and the law, keep State secrets, protect
public property, observe labor discipline and public order and respect social
ethics;
(3) to safeguard the security, honor and interests of the People's Republic
of China;
(4) to defend the motherland, resist aggression, perform military service and
join the militia in accordance with the law;
(5) to pay taxes in accordance with the law;
(6) to practice family planning. |