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Chapter Law Content

Title: Police Power Exercise Act CH
Category: Ministry of the Interior(內政部)
Chapter 4 Relief
Article 29
Obligors or interested parties may state reasons on site to express their objections when the police are exercising their powers in accordance with this Act with regard to how the powers thereof are exercised, the procedures that shall be followed, or other conditions.
When the objections prescribed in the preceding paragraph are believed by the police to be justifiable, the police shall discontinue or correct the exercise immediately. When they are believed to be unjustifiable, the police may continue their exercise. Upon requests from the obligors or interested parties, the police shall place the reasons for the objections on record and provide the record.
When the rights of obligors or interested parties are undermined as a result of illegal or inappropriate exercise of powers by the police, they may file an administrative petition or administrative lawsuit.
Article 30
When the police exercise their powers in violation of the laws, which results in circumstances entitled to state compensation under the State Compensation Law, people may seek damage compensation in accordance with the law.
Article 31
When the exercise of powers by the police involves a particular sacrifice on the part of people resulting in the loss of life, undermined health or property loss, people may seek compensation. When people are partially at fault for the sacrifice, however, the court may reduce the value of the compensation.
The compensation for the damages or loss prescribed in the preceding paragraph shall be in money and limited to actual and particular losses.
When people disagree on the compensation decision made by the police authorities, they may file an administrative petition or administrative lawsuit.
The compensation for the loss or damage shall be applied within two years to the police authorities after the party concerned becomes aware of the losses or damage. When five years have passed since the occurrence of the loss or damage, no claims may be made.