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a. Administrative actions involving restriction or deprivation of citizen''s liberty, or physical injuries to citizens. In particular, those actions include (1) to unlawfully detain citizens or adopt unlawful administrative, forceful measures to restrict citizens'' liberty; (2) to unlawfully incarcerate citizens or adopt other measures depriving citizens of their corporal freedom; (3) to use violent means such as battering or induce others to use violent means such as battering that has caused physical injuries or death to citizens; (4) to abuse weapons or police devices and cause physical injuries or death to citizens, and (5) other unlawful acts that have caused physical injuries or death to citizens.
b. Administrative actions involving punishment imposed on citizens or legal entities, such as imposing fines, revoking licenses or permits, ordering suspension of business or confiscation of property.
c. Administrative compulsory measures involving infringement of property, such as sequestrating, freezing or expropriating of property and other unlawful actions that have caused damages to property.
The SCL also specifies a number of situations where the state does not assume the liability of compensation, including: (1) personal acts by government employees unrelated to the exercise of official duties; (2) damages caused by acts committed by citizens, legal persons, or other organizations themselves; and (3) other situations as prescribed by law.
C. Procedures for Claiming Damages
The procedures for claiming damages caused by administrative actions usually include three components. First, the state must identify the compensating body. Second, a claimant must claim damages through administrative procedure. Third, the claimant must file a case with the courts if the administrative decision was unsatisfactory.
1.Identifying the Compensating Body
The SCL provides the following ways to identify the responsible agency for compensation: (1) if damage is done by an agency or its staff, then the agency shall assume the responsibility for compensation; (2) if damage is done by more than two agencies, then all the agencies involved shall jointly assume the responsibility for compensation; (3) if damage is done by organizations or individuals authorized by a government agency, then the authorizing agency shall assume the responsibility for compensation; and (4) if the government body responsible for compensation no longer exists, then its succeeding body shall assume the responsibility for compensation. If no such succeeding body exists, then the administrative body that eliminates the body responsible for compensation shall assume that responsibility.
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