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Document aids victims seeking redress
By Meng Yan (China Daily)
Updated: 2004-08-11 00:14
A judicial explanation, expected to take effect on October 1, will offer
stronger legal support for citizens who have been wronged by the country's
courts.
"The explanation is a leap forward in human rights protection and makes
judicial proceedings more democratic," said Chen Guangzhong, a leading professor
of procedural law with China University of Political Science and Law.
The Supreme People's Court has recently drafted a judicial explanation on how
to distinguish if a court owes a victim, the Beijing-based China Youth Daily
reported Tuesday.
The judicial explanation aims at better implementing the decade-old State
Compensation Law.
The State Compensation Law was enacted in May 1994 and took effect at the
beginning of 1995. State compensation includes both compensation for
administrative errors and wrongful judicial action.
The law says individuals, corporations and other organizations have the right
to claim compensation from the State when their legal rights and interests have
been infringed upon by administrative or judicial agencies that have violated
the law in exercising their functions and powers.
However, legislative loopholes have made it difficult for victims to claim
compensation from government or judicial agencies.
For example, the law says a claimant should first go to the agencies which
allegedly did the wrongdoing to confirm whether their rights have been infringed
upon and whether they deserve State compensation.
"Such a procedure involves a conflict of interest because it asks violators
of the law to determine themselves if they have broken the law," Chen said.
The judicial explanation deprives the primary level courts of the rights to
determine if it is obliged to provide compensation.
Such cases will be handled by higher level intermediate courts instead.
It has also introduced a hearing procedure into the determination process.
"This is a sign of great progress to ensure the rights of victims," Chen said,
adding that participation of all parties involved will help the courts make more
just decisions.
Amendment to the State Compensation Law has been listed on the five-year
legislative agenda of the country's top legislature, the Standing Committee of
the 10th National People's Congress.
A set of scientific procedures will have a direct impact on whether the
compensation demands of a victim can be satisfied.
Experts have said legislators should expand the coverage of compensation,
increase compensation levels and improve compensation procedures so that the
victims receive adequate and prompt redress.
The courts across the country handled 15,867 cases involving compensation by
the State by the end of last year, according to figures from the Supreme
People's Court.
The Supreme People's Procuratorate has paid nearly 50 million yuan (US$6
million) in State compensation in the past decade.
Yuan Shuhong, a professor of law with the National School of Administration,
also suggested that a future amendment has been proposed to expand the range for
which compensation will be paid to include damage caused by public agencies and
violations of individuals' right to work and receive education. Currently the
State only pays compensation for damage to personal rights and property rights.
Ying Songnian, professor and director of the Division of Law of the National
School of Administration, said the amount of compensation should be raised, as
the country has achieved tremendous economic growth in the past decade.
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