Under what circumstances can administrative compensation be sought?
(11.14.2007)

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;

(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.