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Suing the Sovereign Observed from the Chinese Perspective:The Idea and Practice of State Compensation in China

 b. For citizens who suffered infringement upon their life and health rights, the state should calculate the amount of compensation in the following ways. First, for those who sustained physical injuries, the compensatory body should pay their medical fees and loss of income caused by absence from work. The state should calculate the daily compensation for the loss of income based on the average daily wage for workers in the preceding year, with the maximum compensation being five times the average annual wage for workers in the preceding year. Second, for those who lost partial or full working capabilities, the compensatory body should pay their medical fees and disability compensation, the amount of which depends on the degree of the disability. The state should set the maximum for partial disability at ten times the average annual wage for workers in the preceding year. Third, the state should allow a maximum compensatory payment of twenty times the average annual wage for workers in the preceding yeas as well as pay the living expenses for any dependents if the citizen suffered infringement that left him/her unable to work. Finally, for those who died, the compensatory body should pay death compensation and a funeral fee, with the maximum compensatory payment at twenty times the annual wage for workers in the preceding year. In addition, it should also pay living expenses for dependents of the victims.
    
 
 
 
 c. The state should pay compensation for damages done to the property of citizens, legal persons or other organizations in the following ways: (1) return of property in the case of imposition of fines, recovery or confiscation of property, expropriation of property, or the collection of fees in violation of regulations; (2) remove the sequestration, detention or freezing action on the property if the state wrongly sequestrated, detained or froze it; (3) if the state damaged the property it is now required to return, the state must restore it to its original shape if possible or compensate the individual for the damage; (4) if the state lost the property, it must compensate for the loss; (5) if the state already auctioned the property, the state must pay the claimant the proceeds from the auction; (6) if the state wrongly revokes a business owner of his license or orders the business ownerto suspend his business, the statemust compensate him for his expenses incurred during the suspension of business; and (7) if the state damages an individual’s property in any other way the state must compensate for the direct losses arising thereof.


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